Disposed¶31

Sunkari Karenna v. State of Odisha

Orissa HC25 Apr 2024BLAPL/1229/2024

Case brief

AI extract

What is this about?

Orissa High Court, Cuttack, BLAPL No.1229 of 2024, decided 25.04.2024 by Justice Aditya Kumar Mohapatra: regular bail granted under Section 439 Cr.P.C. to Sunkari Karenna in G.R. Case No.27 of 2024 / Paralakhemundi P.S. Case No.15 of 2024 (offences under Section 52(a) Odisha Excise Act and Sections 272/273/34 IPC); custody since 15.01.2024; charge sheet filed; chemical examination report awaited; bail bond Rs.25,000 with two local solvent sureties; bail liable to automatic revocation on proof of similar criminal antecedents.

What did the court decide?

Release of the Petitioner on regular bail in G.R. Case No.27 of 2024 on furnishing bail bond of Rs.25,000 with two local solvent sureties for the like amount, subject to terms and conditions of the court in seisin and automatic revocation of the bail order if similar criminal antecedents are found.

Sunkari Karenna 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 15.01.2024 in G.R. Case No.27 of 2024 (Paralakhemundi P.S. Case No.15 of 2024), should be released on regular bail under Section 439 Cr.P.C.

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Court's answer

Taking into consideration the seriousness and gravity of the allegation, the custodial detention of the Petitioner, and the fact that the charge sheet has been filed, the Court is inclined to release the Petitioner on bail.

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Ratio / Principle

The Petitioner is directed to be released on bail on furnishing a bail bond of Rs.25,000 with two local solvent sureties for the like amount, to the satisfaction of the Court in seisin over the matter, subject to such other terms and conditions as fixed by that Court; violation shall entail cancellation of bail.

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Key takeaways

The grant of bail is conditional on the court below verifying whether the Petitioner has any criminal antecedent of similar nature; if such similar antecedent is found, the bail order automatically stands revoked.ratio¶30

Detailed headnote1 paragraphs

BAIL – Regular bail under Section 439 Cr.P.C. – BLAPL No.1229 of 2024 (Orissa High Court, Order dated 25.04.2024, Justice Aditya Kumar Mohapatra) – Petitioner in custody since 15.01.2024 in G.R. Case No.27 of 2024 (Paralakhemundi P.S. Case No.15 of 2024) for offences punishable under Section 52(a) of the Odisha Excise Act read with Sections 272/273/34 IPC – State opposed bail citing gravity of allegations and pendency of chemical examination report of alleged contaminated liquor – Investigation concluded and final charge sheet filed – Court released the Petitioner on bail on a bond of Rs.25,000 with two local solvent sureties, subject to conditions fixed by the court in seisin, with automatic revocation of the bail order if the court below finds similar criminal antecedents – Interlocutory application I.A. No.435 of 2024 disposed of as not pressed – BLAPL disposed of accordingly.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.1229 of 2024

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Sunkari Karenna

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.....

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Petitioner

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Represented By Adv. – Mr. Soubhagya Kumar Dash

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-versus-

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State Of Odisha

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..... Opposite Parties

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Represented By Adv. –

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Mr. P.C. Das, A.S.C.

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 25.04.2024

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Order No.

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I.A. No.435 of 2024

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

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Learned counsel for the Petitioner submits that the Petitioner does not want to press this interlocutory application.

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In view of such submission, the I.A. stands disposed of as not pressed.

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BLAPL No.1229 of 2024

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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

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Page 1 of 3.

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been filed by the Petitioner for regular bail in connection with G.R. Case No.27 of 2024, corresponding to Paralakhemundi P.S. Case No.15 of 2024, pending in the Court of learned S.D.J.M., Paralakhemundi, for alleged commission of offence punishable under Section 52(a) of Odisha Excise Act read with Sections 272/273/34 of the I.P.C.

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Learned counsel for the Petitioner submits that earlier this matter was not before any of the bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 15.01.2024. He further contended that the investigation in this case has been concluded and final charge sheet has been filed. It is further contended that the Petitioner belongs to the locality, therefore, there is no chance of his absconding. It is also contended that the Petitioner does not have similar criminal antecedent. On such ground, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and conditions which he shall abide by while on bail.

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Learned Additional Standing Counsel appearing for the StateOpposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that the allegations made in the F.I.R. are serious in nature. He further contended that as per the F.I.R. allegation, the alleged liquor was contaminated, therefore, the same was sent for chemical examination. However, till date such chemical examination report has not been received. He further contended that taking into consideration the seriousness and gravity of the allegation, the Petitioner should not be released on bail at this juncture.

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Having heard the learned counsels appearing for the respective

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Page 2 of 3.

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parties and on a careful examination of the materials on record and further taking into consideration the seriousness and gravity of the allegation as well as the custodial detention of the Petitioner and the fact that the charge sheet has been filed 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.25,000/-(Rupees twenty five thousand) with two local solvent sureties 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 terms and conditions shall entail 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 is having any criminal antecedent of similar nature. In the event it is found that the Petitioner is having similar criminal antecedent, then this bail order shall automatically stand revoked.

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11. The BLAPL is, accordingly, disposed of.

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( A.K. Mohapatra) Judge

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Debasis Signature Not Verified

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Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: OHC, CUTTACK. Date: 26-Apr-2024 16:39:43

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Page 3 of 3.

Sunkari Karenna v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sunkari Karenna v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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