Allowed¶27

Lipu Swain v. State of Odisha

Orissa HC6 Dec 2024BLAPL/8754/2024

Case brief

AI extract

What is this about?

BLAPL 8754/2024; Orissa High Court; Justice G. Satapathy; 06.12.2024; bail under S.439 CrPC; petitioner Lipu Swain; Tamando P.S. Case 199/2024; C.T. Case 471/2024; JMFC-1 Bhubaneswar; IPC Ss 341, 323, 294, 506, 307; bail bonds Rs.50,000/-; one solvent surety; custody since 30.07.2024; conditions incl. S.229-A IPC on default; cancellation clause; counsel J. Sarkar; ASC A. Pradhan; bail allowed without opinion on merits.

What did the court decide?

Bail application allowed; Petitioner admitted to bail on furnishing bail bonds of Rs.50,000/- with one solvent surety, subject to stated conditions, with cancellation liberty reserved to the trial Court; BLAPL disposed of. ¶27

Lipu Swain Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

¶27

Issue for consideration

Whether the Petitioner should be granted bail under S.439 CrPC in connection with Tamando P.S. Case No. 199 of 2024 / C.T. Case No. 471 of 2024 for offences under Ss 341/323/294/506/307 IPC.

¶16

Court's answer

After considering the rival submissions, the nature and gravity of the alleged offence vis-a-vis the accusations brought against the Petitioner, his pre-trial detention since 30.07.2024, and the documents placed by his counsel, this Court admitted the Petitioner to bail without expressing any opinion on the merits of the case.

¶20

Ratio / Principle

The Petitioner was allowed to go on bail on furnishing bail bonds of Rs.50,000/- with one solvent surety for the like amount, subject to conditions: (i) he shall not commit any offence while on bail; (ii) he shall attend the trial Court on each date of posting, failing which (without sufficient cause) the trial Court may proceed against him under S.229-A IPC; and (iii) he shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case.

¶21

Key takeaways

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

Detailed headnote1 paragraphs

Orissa High Court (Justice G. Satapathy, oral order dated 06.12.2024), BLAPL No. 8754 of 2024: bail application under S.439 CrPC by Lipu Swain in connection with Tamando P.S. Case No. 199 of 2024 / C.T. Case No. 471 of 2024 pending before JMFC-1, Bhubaneswar for offences under Ss 341/323/294/506/307 IPC (alleged attack on and injury to the Informant's husband, Balunkeswar Behera). Considering the nature and gravity of the offence, the accusations against the Petitioner, his custody since 30.07.2024, and the certified MLC record (AIIMS, Bhubaneswar) and charge sheet produced by counsel, the Court admitted the Petitioner to bail expressly without expressing any opinion on merits, on bail bonds of Rs.50,000/- with one solvent surety, imposing conditions of (i) committing no offence while on bail, (ii) attendance on every trial date (default attracting proceedings under S.229-A IPC), and (iii) not leaving the trial Court's territorial jurisdiction without prior permission; the trial Court was left free to cancel bail on violation or on subsequent involvement in grave/similar offences. BLAPL disposed of.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 8754 of 2024

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Lipu Swain

¶4

Petitioner

¶5

Ms. J. Sarkar, Advocate

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-versus-

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State of Odisha

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… Opposite Party

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Mr. A. Pradhan, ASC

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CORAM: JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No.

02.

06.12.2024

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

¶16

This is a bail application U/S.439 of CrPC by the Petitioner for grant of bail in connection with Tamando P.S. Case No. 199 of 2024 corresponding to C.T. Case No.471 of 2024 pending in the file of learned JMFC-1, Bhubaneswar for commission of offences punishable U/Ss 341/323/294/506/307 of IPC, on the allegation of attacking and injuring the husband of the Informant.

¶17

Heard, Ms. Jemina Sarkar, learned counsel for the Petitioner and Mr. A. Pradhan, learned ASC in the matter and perused the record.

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At the outset, Ms. Sarkar produces the certified copy of one document stated to be MLC record of injured Balunkeswar Behera issued by AIIMS, Bhubaneswar and the certified copy of charge sheet.

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Page 1 of 3

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After having considered the rival submissions and taking into account the nature and gravity of offence as alleged against the Petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the pre trial detention of the Petitioner in custody since 30.07.2024 and on going through the documents as placed by the learned counsel for the Petitioner, this Court without expressing any opinion on merits of the case admits the Petitioner to bail.

¶21

Hence, the bail application of the Petitioner stands allowed and he is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with one solvent surety 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:-

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

¶23

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

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

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Page 2 of 3

¶26

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 offence on prima facie accusations may be treated as a ground for cancellation of bail in this case.

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Accordingly, the BLAPL stands disposed of.

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Issue urgent certified copy of the order as per Rules.

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Priyajit

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Signature Not Verified

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Digitally Signed Signed by: PRIYAJIT SAHOO Designation: Jr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 07-Dec-2024 11:08:37

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Page 3 of 3

Lipu Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Lipu Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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