Bishnu Charan Das@ Dash Vs State of Odisha — Orissa HC (2024) — LawSathi Research

Bishnu Charan Das@ Dash Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

ABLAPL disposed of with directions to surrender within three weeks before the learned Sessions Judge-cum-Special Judge, S.C. & S.T. (P.O.A.) Act, Puri (after serving bail-application copies on the Prosecutor for notice to the victim) and to be released on interim bail on the day of surrender, pending disposal of the bail application on merits, subject to the three enumerated conditions.

Issue for consideration

Whether the petitioners, arraigned in Kumbharpada P.S. Case No.404 of 2021 (Special G.R. Case No.135 of 2021) before the Special Judge under the S.C. & S.T. (P.O.A.) Act, Puri, should be directed to surrender and released on interim bail pending disposal of their bail application on merits, following the course adopted in the court's own order in Pramod Kumar Ray and others v. State of Odisha.

Court's answer

The petitioners shall surrender before the learned Sessions Judge-cum-Special Judge, S.C. & S.T. (P.O.A.) Act, Puri within three weeks; seven days before surrender, they or their counsel shall serve copies of the bail application on the learned Public Prosecutor/Special Public Prosecutor for notice to the victim or his/her dependent.

Ratio / Principle

On the same day the petitioners surrender, they shall be released on interim bail by the learned Sessions Judge-cum-Special Judge, S.C. & S.T. (P.O.A.) Act, Puri, pending disposal of the bail application on merit at the time of final hearing, on such terms and conditions as deemed just and proper.

Key takeaways

Interim bail condition (1): the petitioners shall appear before the I.O. once in a week on the day and time fixed by the I.O., until further order by the learned Sessions Judge-cum-Special Judge.ratio¶16
Interim bail condition (2): the petitioners shall not threaten, induce or coerce any witness of the case, the victim or his/her dependent in any manner whatsoever.ratio¶17
Interim bail condition (3): the petitioners shall not involve themselves in similar or any other offence during the currency of the order.

Detailed headnote1 paragraphs

Anticipatory bail application (ABLAPL No.15533 of 2021, High Court of Orissa at Cuttack, order dated 13.02.2024 by D. Dash, J.) disposed of in the light of the court's earlier order in Pramod Kumar Ray and others v. State of Odisha, (2017) 67 OCR 309. The petitioners, facing Kumbharpada P.S. Case No.404 of 2021 (Special G.R. Case No.135 of 2021) before the Sessions Judge-cum-Special Judge, S.C. & S.T. (P.O.A.) Act, Puri, were directed to surrender within three weeks, serving bail-application copies on the Public Prosecutor/Special Public Prosecutor seven days in advance for notice to the victim or dependent. They are to be released on interim bail the same day on surrender, pending disposal of the bail application on merit, subject to: (i) weekly appearance before the Investigating Officer until further order; (ii) abstention from threatening, inducing or coercing witnesses, the victim or dependents; and (iii) abstention from similar or other offences during the currency of the order.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15533 of 2021

Bishnu Charan Das @ Dash & Others

…. Petitioners

Mr. H.N. Mohapatra, Advocate

-versus-

State of Odisha

…. Opposite Parties Mr. S.K. Nayak, AGA

CORAM: MR. JUSTICE D.DASH ORDER 13.02.2024 Order No. 02. 1. This matter is taken up through hybrid arrangement (virtual/physical mode).

Considering the submissions and on going through the materials as placed, this Court is inclined to dispose of the ABLAPL in the light of the order passed by this court in the case of Pramod Kumar Ray and others Vrs. State of Odisha, reported in (2017) 67 OCR – 309 with the following observations:-

The Petitioners shall surrender before the learned Sessions Judge-cum-Special Judge, S.C. & S.T. (P.O.A.) Act, Puri in connection with Kumbharpada P.S. Case No.404 of 2021 corresponding to Special G.R. Case No.135 of 2021, within three weeks from today. Seven days before the Petitioners surrender before the said Court, they or their counsel shall serve a copy of the bail application or such number of copies of the bail

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application on the learned Public Prosecutor/Special Public Prosecutor, as required by them, for the purpose of notice to the victim or his/her dependent.

Taking into consideration the nature of the offence as alleged against the Petitioners, it is directed that the Petitioners shall be released on interim bail by the learned Sessions Judgecum-Special Judge, S.C. & S.T. (P.O.A.) Act, Puri on the same day, they surrender in the aforesaid case, pending disposal of the bail application, on merit, at the time of final hearing of the case, on such terms and conditions as deemed just and proper, including the following conditions: –

(1) the Petitioners shall appear before the I.O. once in a week on the day and time fixed by the said I.O. until further order by the learned Sessions Judge-cum-Special Judge;

(2) the Petitioners shall not threaten, induce or coerce any witness of this case or the victim or his/her dependent in any manner whatsoever; and

(3) the Petitioners shall not involve themselves in similar or any other offence during currency of this order.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash)

Judge Signature Not Verified

Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: OHC Date: 20-Feb-2024 14:21:48 H

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