Orissa High Court
Daktar @ Shesadev Bagarty vs State Of Orissa .... Opposite Party on 9 November, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 4971 of 2023
Daktar @ Shesadev Bagarty .... Petitioner
Mr. S. Dwibedi, Advocate
-versus-
State of Orissa .... Opposite Party
Mr. K.K. Gaya, A.S.C.
BLAPL No. 5002 of 2023
Awaz Meher .... Petitioner
Mr. S. Dwibedi, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. K.K. Gaya, A.S.C
CORAM: JUSTICE V. NARASINGH
ORDER
09.11.2023 Order No.
05. 1. Since both the matters arise out of Patnagarh P.S. Case No.139 of 2022, they are heard together and disposed of by this common order on the consent of the parties.
2. Heard learned counsel for the petitioners and learned counsel for the State.
3. The petitioners are accused in connection with S.C. Case No.07 of 2023 which is arising out of G.R. Case No.521 of 2022, pending in the Court of learned Additional Sessions Judge, Patnagarh, Page 1 of 4 arising out of Patnagarh P.S. Case No.139 of 2022, for commission of alleged offences under Section 395/120-B of the IPC read with Section-25 & 27 of the Arms Act.
4. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Addl. Sess. Judge, Patnagarh by order dated 12.04.2023 in the aforementioned case, the present BLAPL has been filed.
5. It is submitted by the learned counsel that the Petitioners are in custody since 16.08.2022 on the allegation that they along with other co-accused committed loot from the jewellery shop.
6. It is submitted by the learned counsel for the Petitioners that they have not been identified in the T.I. parade. Hence, further continuances in cusotdy of the Petitioners are unwarranted.
7. Learned counsel for the State opposes the prayer for bail and submits that admittedly the trial of the case has commenced. Hence, the Petitioners ought not to be released on bail in view of their criminal proclivity.
8. So far as criminal antecedents are concerned, an affidavit has been filed at the behest of both the Petitioners. The Petitioner in BLAPL No.4971 of 2023(Daktar @ Shesadev Bagarty) in an accused in Khaprakhol P.S. Case No.349 of 2009, under Section-160 of the IPC and Bargarh P.S. Case No.35 of 2011, under Section-399/402 of the IPC read with Section-25 of the Arms Act and Section-9(B) of the Indian Explosive Act.
8A. It is further stated by the learned counsel that the Petitioner in BLAPL No.4971 of 2023(Daktar @ Shesadev Bagarty) is on bail in both the cases.
9. So far as criminal antecedents of the Petitioner in BLAPL No.5002 of 2023(Awaz Meher) is concerned, it comes to the fore that Page 2 of 4 the he has eight(8) criminal antecedents, which are extracted hereunder and he has been convicted in one cases i.e. serial No.'F' "(A) Sonepur P.S Case No.50 of 2014 under sections 399/402 of the IPC read with section 25 of the Arms Act. (B) Patnagarh P.S Case No.57 of 2015 under sections 457/380/34 IPC.
(C) Patnagarh P.S Case No.158 of 2015 under sections 294/506/34.
(D) Patnagarh P.S Case No.159 of 2015 under sections 147/148/294/427/20 IPC.
(E) Patnagarh P.S Case No.206 of 2020 under sections 294/506/34 IPC read with section 28 of the Arms Act". (F) Patnagarh P.S Case No.221 of 2020 registered under sections 395 of the IPC, wherein the petitioner and others have been convicted by the learned trial court and the appeal bearing Criminal Appeal No.9 of 2023 is pending in the file of the learned Additional sessions Judge, Patnagarh. (G) Patnagarh P.S Case No.223 of 2020 under section 397 IPC .
(H) Patnagarh P.S Case No.235 of 2020 under sections 365/395 IPC."
10. Considering the nature of accusation and the criminal proclivity as noted hereinabove, this Court is not inclined to entertain the BLAPL No. 5002 of 2023(Awaz Meher).
11. Taking into account the nature of accusation and period in custody this Court directs the Petitioner in BLAPL No.4971 of 2023(Daktar @ Shesadev Bagarty) to be released on bail on such terms to be fixed by the learned Court in seisin.
12. Additionally, it is directed that Petitioner in BLAPL No.4971 of 2023(Daktar @ Shesadev Bagarty) shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial.
Page 3 of 4Certification of such appearance shall be submitted to the Court in seisin.
13. Before releasing, learned Court in seisin shall verify as to whether the Petitioner in BLAPL No.4971 of 2023(Daktar @ Shesadev Bagarty) has any other criminal antecedent than the two noted hereinabove. If it comes to fore that such submission made at the bar incorrect, this order shall not be given effect to.
14. Accordingly, the BLAPL stands disposed of.
15. Urgent certified copy of this order be granted as per rule.
16. An affidavit supposed to have been filed by the elder sister-in-law of the Petitioner has been tagged to the file at flag-'B' in BLAPL No.4971 of 2023.
17. On perusal of the same, it is seen that the affidavit relates to BLAPL No.10575 of 2023.
18. Learned Deputy Registrar (Judicial) is requested to call for an explanation from the concerned Superintendent and the Dealing Assistant as to how the affidavit filed in BLAPL No.10575 of 2023 could be tagged to this file. Because of the same, the time of the Court was wasted.
19. List this matter on 29.11.2023 to consider the explanation in the disposed of matter.
(V. NARASINGH) Judge Soumya Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 10-Nov-2023 18:36:45 Page 4 of 4