Orissa High Court
Suraj Agarwal vs State Of Odisha And Another on 4 October, 2023
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 870 of 2023
Suraj Agarwal ... Appellant
Mr. S.G. Das, Advocate
-versus-
State of Odisha and another ... Respondents
Mr. S.N. Pattanaik, AGA
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
04.10.2023 Order No.
03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. This criminal appeal is directed against the order passed on 13.02.2023 by the learned Additional Sessions Judge, Kantabanji in BLAPL No. 169 of 2022 refusing to grant bail to the present appellant in connection with Turekela P.S. Case No. 234 of 2022 corresponding to G.R. Case No. 518 of 2022 of Court of learned J.M.F.C., Kantabanji for commission of offences punishable U/S 302/201/34 of the IPC and Section 25 & 27 of the Arms Act.
3. The main allegation against the appellant was for receiving and keeping a gun, which was used in the murder of one Tanu Kumari, from the principal accused Sachin Agarwal against whom the commission of murder of Tanu Kumari is alleged.
4. Heard, learned counsel for the parties and perused the record.
Page 1 of 35. It appears from the order impugned in this criminal appeal that the principal accused Sachin Agarwal after allegedly committing murder of the deceased had handed over the gun used in commission of the offence to the present appellant, but subsequently, the principal accused Sachin Agarwal being in custody allegedly gave recovery of such gun pursuant to his disclosure statement. Further, the appellant is found to be lodged in jail since 02.12.2022 and in the meantime, charge sheet has already been filed.
6. In view of the above facts and taking into consideration the rival submissions keeping in view the specific allegation against the appellant as noted above and the materials placed on record and regard being had to the pre-trial detention of the appellant since 02.12.2022 with submission of charge sheet and there being no criminal antecedent reported against the appellant, this Court considers that the appellant has made out a case for bail.
7. In the result, the criminal appeal stands allowed on contest, but in the circumstance, there is no order as to costs. Consequently, the appellant Suraj Agarwal be released on bail in the aforesaid case on furnishing bail bond of Rs. 50,000/- 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 condition as deem fit and proper by it with following conditions: -
(i) the appellant shall not commit any offence while on bail.Page 2 of 3
(ii) the appellant shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with.
(iii) the appellant shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case.
(iv) the appellant shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from the custody.
The I.I.C. of Jurisdictional Police Station shall not detain the appellant 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 appellant 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 appellant for any offence in future on prima facie accusations may be treated as a ground for cancellation of bail.
8. Accordingly, the CRLA stands disposed of.
9. Issue urgent certified copy of the order as per Rules.
(G. Satapathy) Judge S. Sasmal Signature Not Verified Digitally Signed Signed by: SUBHASMITA SASMAL Reason: Authentication Location: High Court of Orissa Page 3 of 3 Date: 05-Oct-2023 16:45:23