Uma Charan Gouda Vs State of Odisha — Bail and Remand | Orissa HC (2024)

Uma Charan Gouda Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

Bail granted to the petitioners under S.439 Cr.P.C. on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) each with two solvent sureties each for the like amount, subject to conditions (i)-(iv) imposed by the Court; BLAPL disposed of accordingly.

Issue for consideration

Whether the petitioners, charged under Section 394 IPC r/w Sections 25/27 of the Arms Act in connection with Sorada P.S. Case No.211 of 2023 / G.R. Case No.394 of 2023 pending before the learned J.M.F.C., Surada, are entitled to bail under Section 439 Cr.P.C., having regard to the nature and gravity of the alleged offences, their pre-trial detention, and the absence of a TI parade.

Court's answer

After considering the rival submissions and taking into account the nature and gravity of the offences alleged, the accusations sought to be brought against the petitioners, the materials on record (including the IIC Sorada PS report informing that no TI parade has been conducted), the petitioners' pre-trial detention in custody, and the mode and manner of their implication, the Court admitted the petitioners to bail.

Ratio / Principle

The bail application stands allowed and the petitioners are permitted to go on bail upon furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) each with two solvent sureties each for the like amount, to the satisfaction of the learned Court in seisin of the case, subject to the conditions imposed by the Court.

Key takeaways

Conditions imposed on release: (i) the petitioners shall not commit any offence while on bail; (ii) they shall attend the trial Court on each date of posting during trial, failing which, without sufficient cause, the learned trial Court may proceed against them for offence under S.229-A of IPC; (iii) they shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case, giving their present address of stay; and (iv) they shall report attendance before the jurisdictional Police Station once a fortnight (preferably on the 2nd Sunday of each month, 10 A.M. to 12 Noon) for three months from actual release, and the I.I.C. of the jurisdictional Police Station shall not detain them unnecessarily beyond the stipulated time after recording attendance.ratio¶21
Clarification: the Court in seisin of the case is at liberty to cancel the bail of the petitioners without further reference to this Court if any of the imposed conditions is violated or a case for cancellation is otherwise made out; the petitioners' subsequent involvement in grave/similar type of offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.obiter

Detailed headnote1 paragraphs

Orissa High Court at Cuttack (G. Satapathy, J.), oral order dated 07.02.2024 - BLAPL No.7547 of 2023, Uma Charan Gouda and others vs State of Odisha: Regular bail granted under Section 439 Cr.P.C. to petitioners facing charges under Section 394 IPC r/w Sections 25/27 of the Arms Act in Sorada P.S. Case No.211 of 2023 / G.R. Case No.394 of 2023 pending before the learned J.M.F.C., Surada, on the allegation of snatching away one gold chain and one Vivo mobile phone from the informant. The grant rested on the nature and gravity of the offences, the accusations and materials on record - including the report of the IIC, Sorada PS informing that no TI parade had been conducted - the petitioners' pre-trial detention in custody, and the mode and manner of their implication. Terms of release: bail bonds of Rs.25,000/- each with two solvent sureties each for the like amount; conditions requiring (i) abstention from fresh offences, (ii) attendance at the trial Court on every date of posting, default without sufficient cause exposing the petitioners to proceedings under Section 229-A IPC, (iii) confinement to the trial-Court jurisdiction without prior permission until disposal, and (iv) fortnightly reporting at the jurisdictional Police Station (preferably on the 2nd Sunday of each month, 10 A.M. to 12 Noon) for three months from actual release, with no unnecessary detention by the I.I.C. beyond the stipulated time. The Court clarified that the trial Court may cancel the bail without further reference to it upon violation of any condition, and that subsequent involvement of the petitioners in grave/similar offences on prima facie accusations may be treated as a ground for cancellation.