Sanjay Sahoo @ Sanju Vs State of Odisha — Bail and Remand | Orissa HC (2024)

Sanjay Sahoo @ Sanju Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

Regular bail granted to the Petitioner in connection with C.T. Case N.390 of 2024 (arising out of Nayapali P.S. Case No.170 of 2024) on furnishing bail bond of Rs.30,000/- with two local solvent sureties each for the like amount, subject to a cash security deposit of Rs.5,000/-, terms fixed by the court in seisin, and criminal-antecedent verification (automatic revocation if more than four antecedents found).

Issue for consideration

Whether the Petitioner should be released on regular bail, pursuant to the application under Section 483 of BNSS, 2023, in connection with C.T. Case N.390 of 2024 arising out of Nayapali P.S. Case No.170 of 2024, pending before the learned Sessions Judge, Khurda, for alleged offences punishable under Sections 147/148/307/149 of the I.P.C.

Court's answer

Considering the submissions (Petitioner in custody since 28.03.2024; investigation concluded and charge sheet filed; no allegation of commission of any overt act by the Petitioner; coordinate Bench observation attributing the assault primarily to one Nitish Barik; co-accused released on bail), this Court decided to release the Petitioner on bail.

Ratio / Principle

The Petitioner shall be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/- (Rupees thirty thousand) with two local solvent sureties each for the like amount, to the satisfaction of the Court in seisin over the matter, subject to such terms and conditions as imposed by that Court; violation of any term or condition shall entail cancellation of bail.

Key takeaways

The bail is further made subject to depositing a cash security of Rs.5,000/- (Rupees five thousand) each before the Court in seisin over the matter, to be kept in any Nationalized Bank in an interest bearing account initially for one year, renewable from time to time till conclusion of trial, and abiding by the final outcome of the trial.ratio¶22
The bail is further conditioned on the court below verifying the criminal antecedent of the Petitioner; if it is found that the Petitioner has more than four criminal antecedents, the bail order shall automatically stand revoked.ratio¶25

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack — BLAPL No.4694 of 2024, order dated 19.09.2024 by Justice Aditya Kumar Mohapatra (single-Judge order). Sanjay Sahoo @ Sanju applied for regular bail under Section 483 of BNSS, 2023 in respect of C.T. Case N.390 of 2024, arising out of Nayapali P.S. Case No.170 of 2024, pending before the learned Sessions Judge, Khurda, for alleged offences punishable under Sections 147/148/307/149 of the I.P.C. Counsel submitted that the Petitioner had been in custody since 28.03.2024; the investigation had concluded and the charge sheet filed; the Petitioner had not participated in the assault and there was no allegation of any overt act by him; counsel also referred to the order dated 02.08.2024 of a coordinate Bench in ABLAPL No.7347 of 2024 (Subhadaya Dash @ Likun @ Lipu), wherein the coordinate Bench observed that primarily the assault is attributable to one Nitish Barik, and noted that the co-accused had been released on bail. Considering such submissions, the Court directed the Petitioner's release on bail on a bail bond of Rs.30,000/- (Rupees thirty thousand) with two local solvent sureties each for the like amount, subject to terms and conditions to be imposed by the court in seisin, violation entailing cancellation. Two further conditions were attached: deposit of a cash security of Rs.5,000/- (Rupees five thousand) each before the court in seisin, to be kept in a Nationalized Bank in an interest bearing account initially for one year and renewable till conclusion of trial, abiding by the final outcome of the trial; and verification by the court below of the Petitioner's criminal antecedents, with automatic revocation of the bail order if more than four criminal antecedents are found. The BLAPL was accordingly disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4694 of 2024

Sanjay Sahoo @ Sanju

..... Petitioner

Represented By Adv. - Princepee Ray

-versus-

State Of Odisha

..... Opposite Parties

Represented By Adv. – Mr. M.K. Mohanty, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

19.09.2024

Order No.

02.

This matter is taken up through Hybrid mode.

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.

The present bail application under Section 483 of BNSS, 2023 has been filed by the Petitioner for regular bail in connection with C.T. Case N.390 of 2024, arising out of Nayapali P.S. Case No.170 of 2024, pending in the Court of learned Sessions Judge, Khurda, for alleged commission of offences punishable under Sections 147/148/307/149 of the I.P.C.

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 28.03.2024. He further contended that the investigation has been concluded and charge sheet has been filed. Learned counsel for the Petitioner

further contended that although the injured has sustained gracious injuries, however, the Petitioner had not participated in the assault. Therefore, there is no allegation of commission of offence of any overt act. He further referred to the order dated 02.08.2024 passed by a coordinate Bench of this Court in ABLAPL No.7347 of 2024 (Subhadaya Dash @ Likun @ Lipu) wherein the coordinate Bench has observed that primarily the assault is attributable to one Nitish Barik. He further contended that the co-accused persons have released on bail.

Considering such submission, this Court is inclined to release the Petitioner on bail.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.30,000/- (Rupees thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. Release of the Petitioner shall also be subject to such terms and conditions as would be imposed by the Court in seisin over the matter. Violation of any of the terms and conditions shall entail cancellation of bail.

It is further directed that the bail granted to the Petitioner is subject to depositing a cash security of Rs.5,000/- (Rupees five thousand) each before the Court in seisin over the matter, which shall be kept in any Nationalized Bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case.

It is further directed that the bail granted to the Petitioner is

Page 2 of 3.

subject to the condition that the court below shall verify the criminal antecedent of the Petitioner. In the event it is found that the Petitioner is having more than four criminal antecedents, then this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of.

Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge

S.K. Rout

Signature Not Verified

Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 20-Sep-2024 11:11:35

Page 3 of 3.