Single judge allowed I.A. condoning 80 days delay in CRLA preferring appeal against non-bail order Appellant granted bail in murder/ POA case set conditions residence reporting and ₹50k bond.
Appeal allowed for delay; Appellant released on bail under ₹50,000 with two sureties; Directions given for reporting to court and police weekly.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.147 of 2023
Minaketan Nayak
Appellant/ Petitioner
Mr. M.K. Chand, Advocate
-versus-
State of Odisha
…. Respondent/ Opp. Party
Mr. Priyabrata Tripathy
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
08.05.2023
I.A. No.707 of 2023
03. This matter is taken up through Hybrid
Order No.
arrangement (video conferencing/physical mode).
This is an application for condonation of delay in preferring the appeal.
The Stamp Reporter has pointed out that there is a delay of eighty days in filing the CRLA.
Learned counsel for the State submitted that notice on the informant is sufficient.
None appears on behalf of the informant.
After going through the averments taken in the interim application and on hearing the learned counsel for both the parties, I am inclined to condone the
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delay in filing the CRLA.
Accordingly, the I.A. is disposed of.
( S.K. Sahoo)
Judge
CRLA No.147 of 2023
This is an appeal under section 14-A of S.C. & S.T. (PoA) Act, 1989 in connection with T.R. Case No.134 of 2021 arising out of Begunia P.S. Case No.149 of 2021 pending in the Court of learned 2nd Additional Sessions Judge, Khurda for offences punishable under sections 363/364/302/201/379/ 120-B/109/506/34 of the Indian Penal Code read with sections 3(1)(r)/3(2)(v)(va) of the S.C. & S.T. (PoA) Act.
The appellant moved an application for bail before the Court of learned 2nd Additional Sessions Judge, Khurda which was rejected on 20.08.2022.
Learned counsel for the appellant submitted that the appellant is in judicial custody since 22.11.2021 and he has been charge sheeted under sections 363/ 364/302/201/379/120-B/109/506/34 of the Indian Penal Code read with sections 3(1)(r)/3(2)(v)(va) of the S.C. & S.T. (PoA) Act. He further submitted that the occurrence in question took place in between
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01.08.2021 and 02.08.2021 and the first information report was lodged on 03.08.2021 and as per the first information report, the deceased Satyabrata Nayak was forcibly taken away in a motorcycle by coaccused persons Swapneswara Nayak and Tulu Behera at about eight O’ Clock in the night on 01.08.2021 and so far as the role of the appellant is concerned, it is stated that he along with other coaccused persons were present in the cremation ground where the dead body of the deceased Satyabrata Nayak was put to frame. Learned counsel further submitted that there is nothing on record as to what happened to the deceased when he was forcibly taken away by the two co-accused persons till his dead body was consigned to frame in the cremation ground and the role attributed against the appellant may at best make out an offence under section 201 of the Indian Penal Code, which is bailable in nature and in view of the period of detention of the appellant in judicial custody, the bail application of the appellant may be favourably considered.
Learned counsel for the State, on the other hand, placed the statement of one Ananda Nayak from which it also appears that the deceased Satyabrata Nayak was assaulted by kick and fist blows at the place of meeting but so far as forcible taking away part is concerned, he has also named co-
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accused persons Swapneswara Nayak and Tulu Behera in that overt act. Learned counsel further submitted that co-accused Tulu Behera has made a confessional statement, which is recorded under section 27 of the Evidence Act in which he has attributed some overt act against the appellant.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the appellant, since the main role has been attributed against co-accused Swapneswara Nayak and Tulu Behera and the part played by the appellant as per the evidence on record is one under section 201 of the Indian Penal Code and taking into account the period of detention of the appellant in judicial custody, I am inclined to release the appellant on bail.
Let the appellant be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper with further conditions that the appellant shall appear before the learned trial Court on each date to which the case would be posted for trial and he shall not indulge in any criminal activities in any manner and he shall not try to threaten any of the witnesses
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and he shall appear before the Inspector in-charge of Begunia police station once in a week on every Sunday in between 10.00 a.m. to 4.00 p.m. till conclusion of the trial.
Violation of any of the conditions shall entail cancellation of bail.
The CRLA is accordingly disposed of.
Issue urgent certified copy of this order on proper application.
RKM
( S.K. Sahoo)
Judge
RABINDRA Digitally signed by
RABINDRA KUMAR
KUMAR MISHRA
Date: 2023.05.10
MISHRA 18:50:03 +05'30'
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2 issues framed by the court
Whether the delay in filing the appeal under Section 14-A of S.C. & S.T. (PoA) Act, 1989 should be condoned.
Whether the appellant is entitled to bail given his alleged role under Section 201 IPC and co-accused involvement.
2 provisions across 1 enactments
Minaketan Nayak
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
