Soumya Ranjan Jena@Tapua Vs State of Odisha

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLA No.30 of 2024

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Soumya Ranjan Jena @ …. Appellant/ Tapua Petitioner

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Mr. D.K. Sahoo, Advocate

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-versus-

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Order No.

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State of Odisha …. Respondents
2. Kumari Bela Munda Opp. Parties
Mr. P.B. Tripathy,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
26.02.2024
CRLA No.30 of 2024 & I.A. No.55 of 2024

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This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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I.A. No.55 of 2024 is an application for interim bail

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on the ground of ailment of the mother of the appellant/petitioner so also of the petitioner, who is stated to have been admitted in S.C.B. Medical College and Hospital, Cuttack for his treatment. Medical documents have been annexed to the interim application. Heard the learned counsel for the appellant/ petitioner and learned counsel for the State.

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Learned counsel for the State submitted that notice

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// 2 //

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on the informant has been made sufficient.

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None appears for the informant.

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This is an appeal under section 14-A(2) of S.C. & S.T. (PoA) Act, 1989 in connection with C.T. (Special) Case No.25 of 2016 arising out of Dharmasala P.S. Case No.182 of 2015 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Jajpur for offences punishable under sections 457/376(D)/392 of the I.P.C. read with section 3(1)(xi)/3(2)(v) of the S.C. & S.T. (PoA) Act.

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The appellant moved an application for bail before the Court of learned Addl. Sessions Judge -cum- Special Judge, Jajpur, which was rejected on 23.12.2023.

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Learned counsel for the appellant submitted that the appellant was taken into judicial custody in connection with this case on 13.07.2015 and he was granted interim bail by the learned trial Court on the ground of his ailment and after availing the same, he surrendered at right time. Learned counsel further submitted that out of twenty one charge sheeted witnesses, ten witnesses have been examined and since the appellant has not flouted any terms and conditions of the interim bail order, the bail application of the appellant may be favourably reconsidered.

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Learned counsel for the State, on the other hand, opposed the prayer for bail and produced the health condition report of the appellant from the Medical Officer,

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District Jail, Jajpur wherein it is indicated as follows: “After the physical examination and go through the Medical documents of UTP Soumya Ranjan Jena @ Tapua S/o Saroj kumar Jena aged about 27 years that, he was admitted to this Jail on 10.05.2023 in CT Special Case No.25/2016. The said UTP has been treated on regular interval at Jail Medical and also, some time He has been referred for better medical treatment at DHH, Jajpur in different dates. He was showing mental disorder and treatment under supervision of psychiatrist, DHH, Jajpur. In spite of regular treatment there was no improvement in the health condition of the UTP hence, he was referred by Psychiatrist, DHH, Jajpur to MHI, SCB Medical College & Hospital, Cuttack for better treatment through warders guard & was admitted there since 16.01.2024 to till date. Now the UTP is being treated at MHI, SCB Medical College & Hospital, Cuttack under the supervision of Psychiatrist.”

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Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced during trial and the available material on record, while not inclining to release the appellant on bail on merit but taking into account the health condition of the appellant, the period of detention in judicial custody and

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Page 3 of 4

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his conduct in complying with the earlier interim bail order passed by the learned trial Court, I am inclined to release him on interim bail for a period of three months from the date of release. The appellant shall immediately surrender before the learned Court below on expiry of the said three months period.

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For the above period, let the appellant/petitioner be released on interim bail to the satisfaction of the learned trial Court in connection with the aforesaid case on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter including the conditions that the appellant shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case stands posted for trial during the interim bail period. Violation of any of the conditions shall entail cancellation of bail.

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The CRLA and I.A. are disposed of accordingly. Issue urgent certified copy as per Rules.

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( S.K. Sahoo) Judge

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sipun

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Signature Not Verified

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Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 26-Feb-2024 17:43:57

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Soumya Ranjan Jena@Tapua v. State of Odisha

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Soumya Ranjan Jena@Tapua v. State of Odisha

Case brief

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