Surendra Sinku @ Dapunga Vs State of Odisha

Heard learned counsel appearing for the Petitioner and learned Additional Government Advocate 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 C.T.Case No.980 of 2023, arising out of Khunta P.S. Case No.317 of 2023, pending in the Court of learned, S.D.J.M., Udala, for alleged commission of offence punishable under Sections 25, 27 of

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Page 1 of 4.

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Arms Act.

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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. It is further contended that the Petitioner has been languishing in jail custody since 27.11.2023. He further submitted that initially the Petitioner was arrested in connection with 2(b) C.C.Case no.14 of 2022 pending in the file of the learned S.D.J.M., Udala. While in custody, the Petitioner has been taken on remand in the present case on 27.11.2023 and since that date he is languishing in custody. It is alleged that the Petitioner has committed the offence punishable under Section 25/27 of the Arms Act. So far the main case i.e. 2(b) C.C.cse No.14 of 2024 is concerned, it is stated that the Petitioner has already been released on bail by the trial Court. It is also contended that the investigation has been concluded and Charge Sheet has been filed in the present case. On such ground, the learned counsel for the Petitioner submitted that the Petitioner may be released on bail on any terms and conditions which the Petitioner undertakes to abide by the same in the event of his release on bail.

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Learned counsel for the State, on the other hand, object to the release of the Petitioner on bail on the ground that the allegations made in the F.I.R. are serious in nature. He also contended that on the basis of the confessional statement of the Petitioner, arms and ammunitions were recovered. It is also contended by the learned counsel for the State that in the event the Petitioner is released on bail there is every possibility of his indulgence in similar nature of offence and he may not appear before the trial court on each date of posting which eventually cause delay in conclusion of trial.

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Page 2 of 4.

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Having heard the learned counsels appearing for the respective parties and on a careful examination of the materials available on record and taking into consideration the seriousness and gravity of the offence and the fact that the investigation has been concluded and the Petitioner is in custody since 27.11.2023, 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 thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. Further, the release of the Petitioner shall also be subject to the terms and conditions that would be imposed by the learned court in seisin over the matter. Violation of any of the terms and conditions shall entail cancellation of the bail.

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It is also directed that the bail granted to the Petitioner is subject to the verification of criminal antecedents of similar nature by the court in seisin over the matter. In the event it is found that the Petitioner has any criminal antecedents of similar nature, this bail order shall not be given effect to.

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9. The BLAPL is, accordingly, disposed of.

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Urgent certified copy of this order be granted on proper application.

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( Aditya Kumar Mohapatra)

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RKS

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Page 3 of 4.

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Signature Not Verified Page 4 of 4. Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 19-Apr-2024 14:19:27

Surendra Sinku @ Dapunga v. State of Odisha

Case brief

What is this about?

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Surendra Sinku @ Dapunga v. State of Odisha

Case brief

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