Sarat Jena Vs State of Odisha — Bail and Remand | Orissa HC (2024)

Sarat Jena Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

Release of the Petitioner on bail on such terms and conditions as may be deemed just and proper by the learned court in seisin, including that the Petitioner shall not be involved in any other offence while on bail and shall attend the trial court on each date fixed.

Issue for consideration

Whether the Petitioner Sarat Jena, in custody since 18.12.2023 in a split-up trial arising from Bramhagiri P.S. Case No.43 of 2019 / G.R. Case No.612(D) of 2019 (Sessions Judge, Puri) for alleged offences under Sections 147/148/324/326(A)/294/307/302/436/506/149 IPC, should be released on bail under Section 439 Cr.P.C.

Court's answer

Considering the surrounding circumstances of the case, the fact of release of other co-accused persons on bail and the specific allegations levelled against the present Petitioner, the Court directed release of the Petitioner on bail in the above noted case on such terms and conditions as may be deemed just and proper by the learned court in seisin, including the conditions that the Petitioner shall not be involved in any other offence while on bail and shall attend the trial court on each date fixed.

Detailed headnote1 paragraphs

BAIL — GRANTED — S.439 Cr.P.C. — Sarat Jena v. State of Odisha, BLAPL No.1123 of 2024 (High Court of Orissa at Cuttack, B.P. Routray, J., order dated 02.04.2024): Petitioner sought bail in Bramhagiri P.S. Case No.43 of 2019 corresponding to G.R. Case No.612(D) of 2019, pending before the learned Sessions Judge, Puri, for alleged offences under Sections 147/148/324/326(A)/294/307/302/436/506/149 IPC arising from an attack on persons guarding a forest hut in which two persons died and four were injured. The trial had been split up in respect of the Petitioner, who was in custody since 18.12.2023; 12 witnesses examined in the original trial had not been examined in the split-up trial and had stated no specific act against him; several co-accused (Kalu @ Rankanidhi Palei, Bichi @ Bichitra Rout, Karnadev Rout, Arata @ Arta Charan Jena, Rabi Jena, Surendra Jena and others) had already been released on bail by this Court. Considering the surrounding circumstances, the co-accused releases and the specific allegations, the Court directed release of the Petitioner on bail on terms to be fixed by the trial court, including non-involvement in any other offence while on bail and attendance on each date fixed. BLAPL disposed of.

Signature Not Verified

Digitally Signed Signed by: SANGRAM DAS Designation: Sr.Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 03-Apr-2024 15:36:46

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1123 of 2024

Sarat Jena

…. Petitioner

Mr. B.C. Ghadei, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. K.K. Das, Additional Standing Counsel

CORAM: SHRI JUSTICE B. P. ROUTRAY

ORDER

02.04.2024

Order No.

The matter is taken up through hybrid mode.

Heard Mr. B.C. Ghadei, learned counsel for the Petitioner and Mr. Das, learned Additional Standing Counsel for Opposite Party - State.

This is an application under Section 439 Cr.P.C. for grant of bail to the Petitioner Sarat Jena in connection with Bramhagiri P.S. Case No.43 of 2019 corresponding to G.R. Case No.612(D) of 2019 pending in the court of learned Sessions Judge, Puri for alleged commission of offence under Sections 147/148/324/ 326(A)/294/307/302/436/506/149 of the Indian Penal Code.

The allegations are to the effect that when the injured and deceased persons were guarding the forest in a hut, the accused persons came there assembled and attacked. In the occurrence, two persons died and four persons were injured.

Mr. Ghadei, learned counsel for the Petitioner submits that the trial has been split up in respect of the present Petitioner and he is

Page 1 of 2

Signature Not Verified

Digitally Signed Signed by: SANGRAM DAS Designation: Sr.Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 03-Apr-2024 15:36:46

inside custody since 18^th December, 2023. He further submits that in the original trial 12 witnesses have been examined and the dispute arises due to rivalry between two villagers. None of such witnesses have been examined in the present split up trial and in their evidence in the original trial they have not stated any specific act against present Petitioner. Further, many other co-accused persons, namely, Kalu @ Rankanidhi Palei, Bichi @ Bichitra Rout, Karnadev Rout, Arata @ Arta Charan Jena, Rabi Jena, Surendra Jena and others have already been released on bail by this court in different bail applications.

Upon hearing Mr. Das, learned ASC for State and considering the surrounding circumstances of the case as well as the fact of release of other co-accused persons on bail and the specific allegations leveled against present Petitioner, it is directed to release the Petitioner on bail in the above noted case on such terms and conditions as may be deemed just and proper by the learned court in seisin over the matter including the condition that the Petitioner shall not be involved in any other offence while on bail and shall attend the trial court on each date fixed.

The BLAPL is accordingly disposed of.

An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge

S.Das

Page 2 of 2