Disposed

Kalia@Bhabani Sankar Nath v. State of Odisha

Orissa HC27 Feb 2024CRLA/1229/2023

Case brief

AI extract

What is this about?

High Court granted interim bail to appellant in a Special SC/ST case due to wife's ailment. Later, in a separate dispositive order on appeal, the Court directed the Special Court to expedite investigation, frame charges, and examine material witnesses after the investigation concludes.

What did the court decide?

Interim bail granted for one month; Special Court directed to expedite investigation, frame charges, and examine material witnesses.

Kalia@Bhabani Sankar Nath Vs State of Odisha — Criminal Trial and Appeal | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLA No.1229 of 2023

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Kalia @ Bhabani Sankar …. Appellant/ Nath Petitioner

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Mr. Chandan Samantaray, Advocate

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-versus-

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State of Odisha …. Respondents/
2. Rabindra Mohan Das Opp. Parties

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Order No.

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Mr. Priyabrata Tripathy
Addl. Standing Counsel
Mr. Maitrijit Mohanty, Advocate
for the informant
CORAM:
JUSTICE S.K. SAHOO
ORDER
27.02.2024
I.A. No.94 of 2024
This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).

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This is an application for grant of interim bail on the ground of ailment of the wife of the appellant/ petitioner. Medical documents in support of the ailment have been annexed to the interim application.

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Learned counsel for the State was asked to obtain instruction on the interim application.

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Today, learned counsel for the State has produced the written instruction dated 19.02.2024 received from the Inspector in-charge of Sadar police

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// 2 //

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station, Balasore wherein it is mentioned as follows:

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“1. Mamata Nath, W/O. Bhabani Sankar Nath (Petitioner) of vill. Kumuda, PS. Sadar, Dist. Balasore is suffering from polymenorrhic cycles and hypothyroidisum (As per report of Dr. Pritam Kumar Ratha, Dept. Of O &G, FMMCH, Balasore) which is enclosed herewith.

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The medical documents attached to the I.A. by the petitioner is genuine as per report of Dr. Pritam Kumar Ratha, Dept. of O &G, FMMCH, Balasore.

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There is one male member who is the father of the petitioner namely Deepak Kumar Nath (Age 55) is present in his house at village Kuruda, PS. Sadar, Dist. Balasore.”

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The written instruction is taken on record.

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Learned counsel for the informant opposed the prayer for interim bail.

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Considering the submissions made by the learned counsel for the respective parties, the averments taken in the interim application, the medical documents annexed thereto and the report furnished by the learned counsel for the State, I am inclined to release the petitioner on interim bail for a period of one month from the date of release.

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Page 2 of 5

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Let the petitioner be released on interim bail for the aforesaid period to the satisfaction of the learned trial Court in connection with Spl. Case No.16 of 2022 of the Court of learned Presiding Officer, Special Court (SC & ST), Balasore on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two solvent local sureties each for the like amount to his satisfaction with further terms and conditions as the learned Court may deem just and proper including the conditions that the appellant shall not try to come in contact with any prosecution witnesses or tamper with the prosecution evidence in any manner, shall personally appear before the trial Court on the date fixed for trial during the interim bail period and the Inspector in-charge of Sadar police station, Balasore shall keep a close eye on the activities of the petitioner while on interim bail.

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Violation of any of the conditions shall entail cancellation of bail.

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Accordingly, the I.A. is disposed of.

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Issue urgent certified copy as per Rules.

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( S.K. Sahoo)

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Judge

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CRLA No.1229 of 2023

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Heard learned counsel for the appellant, learned counsel for the informant and learned counsel for the

Page 3 of 5

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State.

This is an appeal under section 14-A of the S.C. & S.T. (PoA) Act, 1989 in connection with Balasore Sadar P.S. Case No.354 of 2021 corresponding to Spl. Case No.16 of 2022 pending in the Court of the learned Presiding Officer, Special Court (SC & ST), Balasore for the commission of offences punishable under sections 302/120-B/216/301/34 of the I.P.C., sections 25/27 of the Arms Act and section 3(2)(v) of the S.C. & S.T. (PoA) Act.

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The application for bail of the appellant has been rejected by the learned Presiding Officer, Special Court (SC & ST), Balasore as per order dated 07.11.2023.

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Learned counsel for the appellant submitted that when the appellant earlier approached this Court for bail in CRLA No.884 of 2022, while rejecting the said application as per order dated 07.02.2023, the appellant was given liberty to renew his prayer for bail after examination of the material witnesses in the learned trial Court. Learned counsel further submitted that till date, further investigation is under progress as it appears from the rejection order dated 07.11.2023.

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If that be the state of affairs, learned counsel for the State shall instruct the investigating agency through the Inspector in-charge of Sadar police

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station, Balasore to conclude the investigation at an earliest and submit the final form, whereafter the learned trial Court shall do well to expedite the framing of the charge and examine the material witnesses at the first instance.

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Summons on the material witnesses shall be served through the Inspector in-charge of Sadar police station, Balasore.

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In view of the above, the CRLA stands disposed of.

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A copy of the order be communicated to the learned trial Court forthwith.

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sipun

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A free copy of the order be handed over to the
learned counsel for the State.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge

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Signature Not Verified

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Page 5 of 5

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Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: OHC, CUTTACK Date: 28-Feb-2024 17:48:24

Kalia@Bhabani Sankar Nath v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kalia@Bhabani Sankar Nath v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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