Sukanta Kumar Pradhan Vs State of Odisha — Bail and Remand | Orissa HC (2024)

Sukanta Kumar Pradhan Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

Admission to bail on furnishing bail bonds of Rs.50,000/- with two solvent sureties each for the like amount, subject to: (i) no commission of offences while on bail; (ii) attendance at the trial Court on each date of posting, default without sufficient cause actionable under S.229-A IPC; (iii) no departure from the trial Court's jurisdiction without prior permission until disposal, with present address of stay given; (iv) fortnightly attendance reporting before the jurisdictional Police Station (preferably 2nd Sunday, 10 A.M. to 12 Noon) for six months from actual release; (v) no direct or indirect contact with or influence upon the complainant; I.I.C. not to detain the petitioner unnecessarily beyond the stipulated time after recording attendance; trial Court empowered to cancel bail on violation of conditions or otherwise, with future involvement in grave/similar offences on prima facie accusations treatable as a ground for cancellation.

Issue for consideration

Whether the petitioner, accused along with co-accused persons of offences punishable under Sections 419, 420, 294, 465, 467, 468, 471, 447, 506 and 34 IPC for knowingly identifying co-accused Kamala Begum as Janaki Patra to facilitate registration of a sale deed by forgery in furtherance of common intention, should be admitted to bail under Section 439 Cr.P.C.

Court's answer

After considering rival submissions, the nature and gravity of the offences alleged, the accusations against the petitioner and the materials on record, and noting the bail granted to co-accused Bichitrananda and another (ABLAPL No.13809 of 2023, order dated 24.11.2023) and the protection granted to co-accused Ansuman Sahoo and Laxmikanta Mahanta (ABLAPL Nos.13606 and 13607 of 2023), the petitioner being similarly situated with co-accused Laxmikanta Mahanta, and taking into account his age and pre-trial detention with progress of investigation, this Court admits the petitioner to bail.

Ratio / Principle

The bail application stands allowed: the petitioner may go on bail on furnishing bail bonds of Rs.50,000/- with two solvent sureties each for the like amount, subject to conditions — (i) committing no offence while on bail; (ii) attending the trial Court on each date of posting, failure without sufficient cause being actionable by the trial Court under Section 229-A IPC; (iii) not leaving the trial Court's jurisdiction without prior permission until disposal, with present address of stay furnished; (iv) reporting attendance before the jurisdictional Police Station once a fortnight (preferably 2nd Sunday, 10 A.M. to 12 Noon) for six months from actual release; and (v) no direct or indirect contact with or influence upon the complainant; the I.I.C. shall not detain the petitioner unnecessarily beyond the stipulated time after recording attendance.

Key takeaways

The Court in seisin of the case is at liberty to cancel the bail without further reference to this Court if any of the imposed conditions is violated or a case for cancellation of bail is otherwise made out; and, in the wake of the aforesaid, any subsequent involvement of the petitioner in grave/similar type of offences on prima facie accusations may be treated as a ground for cancellation of bail.ratio¶26

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Justice G. Satapathy), order dated 22.02.2024 in BLAPL No.14603 of 2023: Sukant Kumar Pradhan, a bail applicant under Section 439 Cr.P.C. in Badagada P.S. Case No.356 of 2023 corresponding to C.T. Case No.612 of 2023 (J.M.F.C.-II, Bhubaneswar), charged with offences under Sections 419, 420, 294, 465, 467, 468, 471, 447, 506 and 34 IPC for allegedly knowingly identifying co-accused Kamala Begum as Janaki Patra to facilitate registration of a sale deed by forgery in furtherance of common intention, is admitted to bail as similarly situated with co-accused Laxmikanta Mahanta (protection granted in ABLAPL Nos.13606 and 13607 of 2023), bail having earlier been granted to co-accused Bichitrananda and another (ABLAPL No.13809 of 2023, order dated 24.11.2023); bail on bonds of Rs.50,000/- with two solvent sureties of like amount, conditioned on trial attendance (default actionable under S.229-A IPC), commission of no fresh offence, restriction to trial Court jurisdiction, fortnightly police-station reporting for six months and no contact with the complainant; the trial Court may cancel the bail on violation, and future involvement in grave/similar offences on prima facie accusations may be treated as a ground for cancellation.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.14603 of 2023

Sukant Kumar Pradhan

Petitioner

Mr. S. Sharma, Advocate

-versus-

State of Orissa and another … Opposite Parties

Mr. S.N. Das, ASC Mr. S. Sabadulla, Adv.(Informant)

CORAM: JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No.

06.

22.02.2024

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

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Badagada P.S. Case No.356 of 2023 corresponding to C.T. Case No.612 of 2023 pending in the file of learned J.M.F.C.-II, Bhubaneswar, for commission of offences punishable U/Ss.419/ 420/ 294/ 465/ 467/ 468/ 471/ 447/ 506/ 34 of IPC, on the allegation of knowingly identifying co-accused Kamala Begum as Janaki Patra to facilitate registration of sale deed to co-accused persons by way of committing forgery along with co-accused persons in furtherance of their common intention. 3. Heard, Mr. Subham Sharma, learned counsel for the petitioner, Mr. Sayed Sabadulla, learned counsel for the informant and Mr. S.N. Das, learned ASC in the present matter and perused the record.

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After having considered the rival submissions and taking into consideration the nature and gravity of offences as alleged against the petitioner, so also the accusations sought to be brought against him and on going through the materials placed on record as well as grant of bail to co-accused Bichitrananda and another pursuant to an order passed on 24.11.2023 in ABLAPL No.13809 of 2023 and grant of protection to co-accused Ansuman Sahoo and Laxmikanta Mahanta in ABLAPL Nos.13606 and 13607 of 2023 and the present petitioner being similarly situated with co-accused Laxmikanta Mahanta and taking into account the age of the petitioner and his pre trial detention in custody with progress of investigation in this case, this Court admits the petitioner to bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the petitioner shall not commit any offence while on bail and

(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for

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offence U/S.229-A of IPC in accordance with law,

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving his present address of stay,

(iv) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on 2^nd Sunday of each month in between 10 A.M. to 12 Noon for six(06) months from the actual date of his release from the custody and

(v) the petitioner shall not in any way directly or indirectly try to establish any contact or influence with the complainant.

The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for grave/similar type of offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per

Rules.

Signature Not Verified

Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 23-Feb-2024 14:32:43

(G. Satapathy) Judge

Subhasmita

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