Santosh Kumar Bisoyi @ Mantu Vs State of Odisha — Bail and Remand | Orissa HC (2024)

Santosh Kumar Bisoyi @ Mantu Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

Admission to bail on furnishing bail bonds of Rs.50,000/- with two solvent sureties each for the like amount, subject to conditions (i)-(iv) (no fresh offences; attendance on each trial date failing which Section 229-A IPC procedure may follow; no leaving trial-Court jurisdiction without prior permission; weekly IO reporting for eight weeks), with liberty reserved to the trial Court to cancel bail on violation or subsequent involvement in grave/similar offences; urgent certified copy ordered as per Rules.

Issue for consideration

Whether petitioner Santosh Kumar Bisoyi @_ Mantu should be granted bail under S.439 CrPC in respect of Kodala P.S. Case No.500 of 2023 / G.R. Case No.412 of 2023 for offences under Sections 471/472/467/468/379/120-B/409/420/34 IPC arising out of the alleged theft of sand. +1 more

Court's answer

After considering rival submissions, the nature and gravity of the offences alleged, the accusations against the petitioner, the mandate of law laid down by the Apex Court in Satendra Kumar Antil v. CBI (2021) 10 SCC 773, the petitioner's pre-trial detention since 28.10.2023, the progress of investigation, and the release of co-accused Gostha Chandra Padhi, Chidananda Swain, Biswanath Patra and Mangaraj Behera on bail, this Court admits the petitioner to bail.

Ratio / Principle

The bail application stands allowed; the petitioner is permitted to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case, subject to specified conditions.

Key takeaways

If the petitioner fails without sufficient cause to appear in Court in accordance with the terms of bail, the learned trial Court may proceed against him for the offence under Section 229-A IPC in accordance with law.ratio¶¶21
Condition (iii): the petitioner shall not leave the jurisdiction of the trial Court without prior permission until disposal of the case.ratio¶¶22
Condition (iv): the petitioner shall report attendance before the IO once a week (preferably Sunday, between 10 A.M. and 12 Noon) for eight weeks.ratio

Detailed headnote1 paragraphs

Criminal bail application — BLAPL No.951 of 2024 (High Court of Orissa at Cuttack, Justice G. Satapathy, order dated 07.03.2024): Bail granted under S.439 CrPC to Santosh Kumar Bisoyi @_ Mantu, in custody since 28.10.2023, for offences under Sections 471/472/467/468/379/120-B/409/420/34 IPC arising from alleged illegal lifting/theft of sand in truck OD-14-E-9385 (Kodala P.S. Case No.500 of 2023 / G.R. Case No.412 of 2023, pending before JMFC Kodala). Decision guided by the Apex Court mandate in Satendra Kumar Antil v. CBI (2021) 10 SCC 773 and by parity with four co-accused already bailed (Padhi — BLAPL 219/2024; Swain — BLAPL 259/2024; Patra — BLAPL 14030/2023; Behera — BLAPL 14033/2023). Bonds of Rs.50,000 with two solvent sureties each; conditions include attendance on every trial date (failure without sufficient cause exposes petitioner to Section 229-A IPC proceedings), restriction to trial-Court jurisdiction without prior permission, and weekly IO reporting (Sundays, 10 A.M.-12 Noon) for eight weeks, with the trial Court empowered to cancel bail on violation or subsequent involvement in grave/similar offences.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.951 of 2024

Santosh Kumar Bisoyi @ … Mantu

Petitioner

Mr. B. Senapati, Advocate

-versus-

State of Odisha

… Opposite Party Mrs. S.Pattnaik, AGA

CORAM: JUSTICE G. SATAPATHY

Order No.

01.

ORDER(ORAL) 07.03.2024

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

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Kodala P.S. Case No.500 of 2023 corresponding to G.R. Case No.412 of 2023 pending in the file of learned JMFC, Kodala for commission of offences punishable Under Sections 471/ 472/ 467/ 468/ 379/ 120-B/ 409/ 420/ 34 of IPC, on the allegation of illegally lifting sand in a Truck bearing Registration No.OD-14-E-9385 and, thereby, committing theft of sand, along with co-accused persons in furtherance of their common intention.

Heard, Mr. B. Senapati, learned counsel for the petitioner and Mrs. S.Pattnaik, learned AGA in the present matter and perused the record.

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After having considered the rival submissions and taking into consideration the nature and gravity of offence as alleged against the petitioner, so also the accusations sought to be brought against him and keeping in view the mandate of law laid down by Apex Court in Satendra Kumar Antil Vrs. Central Bureau of Investigation; (2021) 10 SCC 773 and regard being had to the pre trial detention of the petitioner in custody since 28.10.2023 as well as the progress of investigation and release of co-accused persons Gostha Chandra Padhi on bail in BLAPL No.219 of 2024, Chidananda Swain on bail in BLAPL No.259 of 2024, Biswanath Patra on bail in BLAPL No.14030 of 2023 and Mangaraj Behera on bail in BLAPL No.14033 of 2023, this Court admits the petitioner to bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each 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:-

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

(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

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learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law,

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving their present address of stay and

(iv) the petitioner shall report attendance before the IO once in a week preferably on Sunday in between 10 A.M. to 12 Noon for eight weeks.

The IO shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners 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 offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per

Rules.

Signature Not Verified (G. Satapathy) Digitally Signed Judge

Digitally Signed Signed by: KISHORE KUMAR SAHOO Designation: Secretary Kishore Reason: Authentication Location: High Court of Orissa Date: 08-Mar-2024 13:40:00

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