Disposed¶26

Parsuram Bariha v. State of Odisha

Orissa HC13 May 2024BLAPL/1130/2024

Case brief

AI extract

What is this about?

Orissa High Court BLAPL 1130/2024; Parsuram Bariha v. State of Odisha; Section 439 Cr.P.C. regular bail; Sections 341/326/307 IPC; Lakhna P.S. Case No.106 of 2023; S.T. Case No.116/51 of 2023; C.J.M. Nuapada; custody since 22.09.2023; charge sheet filed; bail bond Rs.35,000 with two local solvent sureties; criminal antecedent verification condition; Justice Aditya Kumar Mohapatra; disposed 13.05.2024.

What did the court decide?

Regular bail granted: Petitioner to be released on bail bond of Rs.35,000/- with two local solvent sureties each for the like amount, subject to conditions imposed by the Court in seisin and automatic revocation if any criminal antecedent of the Petitioner is verified by the court below. ¶26

Parsuram Bariha Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioner, in custody since 22.09.2023 in S.T. Case No.116/51 of 2023 (Lakhna P.S. Case No.106 of 2023) for offences under Sections 341/326/307 I.P.C., should be enlarged on regular bail under Section 439 Cr.P.C., given that investigation has concluded and the charge sheet has been filed.

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Court's answer

Considering the submissions of the parties, the materials on record, the period of custodial detention, the conclusion of investigation and filing of the charge sheet, and the recovery of the injured, the Court was inclined to release the Petitioner on bail.

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Ratio / Principle

The Petitioner was directed to be released on bail in the said case on furnishing a bail bond of Rs.35,000/- with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin, release being subject to further terms fixed by that Court, violation entailing cancellation of bail.

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Key takeaways

The grant of bail was made conditional on the court below verifying whether the Petitioner has any criminal antecedent; if such an antecedent is found, the bail order automatically stands revoked.ratio¶25

Detailed headnote1 paragraphs

Bail application (BLAPL No.1130 of 2024, High Court of Orissa at Cuttack, Aditya Kumar Mohapatra, J., 13.05.2024): Petitioner Parsuram Bariha, in custody since 22.09.2023 in S.T. Case No.116/51 of 2023 (Lakhna P.S. Case No.106 of 2023) pending before C.J.M., Nuapada, for offences punishable under Sections 341/326/307 I.P.C., sought regular bail under Section 439 Cr.P.C. With investigation concluded and the final charge sheet filed, and taking into account the period of detention and the injured's recovery, the Court directed release on a Rs.35,000/- bail bond with two local solvent sureties, conditioned on verification of criminal antecedents, failing which the bail order automatically stands revoked.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.1130 of 2024

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Parsuram Bariha ..... Petitioner Represented By Adv. – Mr. Shyam Sundar Chhualsingh

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-versus-

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State Of Odisha ..... Opposite Parties Represented By Adv. – Mr. A.P. Das, A.S.C.

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

13.05.2024

Order No.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.

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The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with S.T. Case No.116/51 of 2023, arising out of Lakhna P.S. Case No.106 of 2023, pending in the Court of learned C.J.M., Nuapada, for alleged commission of offences punishable under Sections 341/326/307 of the

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Page 1 of 4.

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I.P.C.

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It is submitted by the learned counsel for the Petitioner that earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioner is in custody since 22.09.2023. He further contended that in the meantime, investigation has been concluded and final charge sheet has been filed. Further referring to the allegation made in the F.I.R., learned counsel for the Petitioner submitted that the Petitioner has been falsely implicated in the present case. He further contended that the injuries sustained by the injured although grievous in nature, however after getting treatment in the hospital, the injured is now hale and hearty. He also contended that the Petitioner belongs to the locality, therefore, there is no chance of his absconding. Learned counsel for the Petitioner further contended that the Petitioner does not have any criminal antecedent. On such ground, learned counsel for the Petitioner submitted that taking into consideration the period of custodial detention of and the fact that the charge sheet has been filed, the Petitioner be released on bail on any terms and conditions which the Petitioner shall abide by while on bail.

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Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, submitted that the allegation made against the Petitioner is serious in nature. He further contended that injuries sustained by the

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Page 2 of 4.

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injured are grievous in nature. Learned Additional Standing Counsel further submitted that pursuant to the direction passed by this Court, he has obtained instruction from the local police station and as per the instruction received, it appears that the injured although recovered, however he is not able to discharge normal work as he was doing earlier. On such ground, learned Additional Standing Counsel submitted that the bail application of the Petitioner be rejected at this juncture.

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Considering the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the materials on record as well as surrounding facts and circumstances of the present case and further taking into consideration the period of custodial detention as well as the fact that investigation in this case has been concluded and charge sheet has been filed and that the injured has recovered in the meantime, this Court is inclined to release the Petitioner on bail.

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Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.35,000/- (Rupees thirty five thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. The release of the Petitioner shall also be subject to such other terms and conditions as would be fixed by the Court in seisin over the matter. Violation of any of the conditions shall entail

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Page 3 of 4.

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cancellation of bail.

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It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner have any criminal antecedent. In the event it is found that the Petitioner is having any criminal antecedent, then this bail order shall automatically stand revoked.

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