Meru Jena v. State of Odisha

Orissa HC22 Feb 2024BLAPL/429/2024

Case brief

AI extract

What is this about?

Orissa High Court; Justice Savitri Ratho; BLAPL No.429 of 2024; Section 439 CrPC regular bail; assault on policeman on duty; Sections 186, 294, 307, 332, 341, 353, 394, 506/34 IPC; Burla P.S. Case No.579 of 2023; G.R. Case No.914 of 2023; J.M.F.C.-I (City) Sambalpur; bail earlier rejected 04.01.2024; simple injuries on both sides; Section 307 IPC contention by petitioner's counsel; bail conditions incl. reporting every alternate Sunday at IIC Burla P.S.; violation entails cancellation; bail allowed; disposed of 22.02.2024.

What did the court decide?

Release of petitioners Meru Jena, Deepak Kumar Dash and Subash Muduli on bail on terms and conditions to be fixed by the learned Court below after verification of their criminal antecedents, subject to specified conditions; the BLAPL was accordingly disposed of. ¶¶28

Meru Jena 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 petitioners, accused in Burla P.S. Case No.579 of 2023 (G.R. Case No.914 of 2023) under Sections 186, 294, 307, 332, 341, 353, 394, 506/34 IPC, whose bail prayer was rejected on 04.01.2024 by the learned Addl. Sessions Judge, Sambalpur, should be released on bail under Section 439 Cr.P.C.

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Court's answer

Considering the nature of the allegations, the fact that the injuries sustained by the injured informant are simple in nature, and that the petitioners also sustained similar simple injuries, the Court was inclined to allow the prayer for bail.

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Ratio / Principle

The petitioners Meru Jena, Deepak Kumar Dash and Subash Muduli were ordered to be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, after verification of their criminal antecedents.

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Key takeaways

Bail was made subject to conditions: the petitioners will not indulge in any criminal activity while on bail; will not tamper with or try to influence prosecution witnesses; will report before the IIC, Burla P.S. every alternate Sunday between 3.00 p.m. and 5.00 p.m. until completion of investigation or three months, whichever is earlier; and will remain present on each trial date. Violation of any condition entails cancellation of bail/recall of the order.ratio¶¶31

Detailed headnote1 paragraphs

Regular bail application under Section 439 Cr.P.C. by three accused (Meru Jena, Deepak Kumar Dash, Subash Muduli) in Burla P.S. Case No.579 of 2023 / G.R. Case No.914 of 2023, charged under Sections 186, 294, 307, 332, 341, 353, 394, 506/34 IPC for allegedly abusing and assaulting a policeman on traffic duty near Main Dam Road, Burla on 25.12.2023 while the carcade of the Hon'ble Governor of Odisha was to pass, snatching his mobile, I.D. card and Rs.300/-. Earlier bail refusal dated 04.01.2024 by Addl. Sessions Judge (LR & LTV), Sambalpur. Counsel argued injuries were simple and the Section 307 IPC allegation arose from a spur-of-the-moment reaction. Court noted injuries to the informant were simple and the petitioners had sustained similar simple injuries, and allowed bail with conditions including periodic reporting at Burla P.S.; BLAPL disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.429 of 2024

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1. Meru Jena 2.Deepak Kumar Dash 3.Subash Muduli

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… Petitioners

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Mr.Manas Kumar Chand, Advocate vs.

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State of Odisha

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... Opposite Party Mr.S.S.Pradhan, AGA

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CORAM:

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JUSTICE SAVITRI RATHO

ORDER

22.02.2024

Order No.

(Through hybrid mode)

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This application under Section 439 of the Cr.P.C. has been filed

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in connection with Burla P.S. Case No.579 of 2023 corresponding to G.R. Case No.914 of 2023, pending in the Court of the learned J.M.F.C.-I (City), Sambalpur, registered under Sections 186, 294, 307,

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332, 341, 353, 394, 506/34 of IPC against the petitioners.

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The prayer for bail of the petitioners has been rejected on 04.01.2024 by the learned Addl. Sessions Judge (LR & LTV), Sambalpur in BLAPL No.1598/04 of 2023-24.

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The prosecution allegation in brief is that on 25.12.2023 when the informant was performing traffic duty near Main Dam Road, Burla, as the carcade of the Hon’ble Governor of Odisha had to pass that way, the petitioners were making hulla abusing general public using filthy language. When the informant tried to stop them, they abused in

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Page 1 of 4

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obscene language and assaulted him by means of fist blow and kick blow and also assaulted his head by means of lathi for which he sustained bleeding injury on his head and they snatched away his mobile and cash of Rs.300/- and I.D. Card from his pocket. The informant and his staff were able to apprehend the petitioners. The FIR was lodged on the same day.

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Mr. Manas Kumar Chand, learned counsel for the petitioners submits that the petitioners are in custody since 26.12.2023 and they do not have any criminal antecedent and the incident was a result of misunderstanding and the petitioners have also sustained injuries during the occurrence. He further submits that the injuries sustained by the informant are simple in nature and the petitioners had no intention to injure him and they reacted on the spur of the moment for which the offence under Section 307 IPC is not made out against them.

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Mr. S.S.Pradhan, learned Addl. Government Advocate opposes the prayer for bail stating that the petitioners have assaulted a police man who was on duty for which they should not be released on bail. Referring to the case diary, he submits that the informant has sustained

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multiple swelling abrasions on the scalp, swelling on left zygomatic area and swelling on forehead over the right eye-brow which are simple in nature. Petitioner No.1- Meru Jena has sustained five bruises and two lacerations which are simple in nature ; petitioner No.2- Deepak

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Page 2 of 4

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Kumar Dash has sustained three injuries, i.e., one laceration and two bruises and petitioner No.3- Subash Muduli has sustained four bruises, one abrasion and two lacerated injuries, which are simple in nature.

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Considering the nature of allegations against the petitioners and the

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fact that the injuries sustained by the injured – informant are simple in nature and as the petitioners have also sustained similar injuries, I am inclined to allow the prayer for bail.

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The petitioners – Meru Jena, .Deepak Kumar Dash, Subash Muduli shall be released on bail on such terms and conditions as may

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be fixed by the learned Court below in seisin over the matter, after

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verification of their criminal antecedents, including the following

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conditions : (i) They will not indulge in any criminal activity while on bail. (ii) They will not tamper or try to influence prosecution witnesses while on bail.

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(iii) They will report before the IIC, Burla P.S. every alternate Sunday between 3.00 p.m. to 5.00 p.m. till the completion of investigation or a period of three months whichever is earlier. (iv) They will remain present on each date the case is faced for trial.

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