Orissa High Court
Sukanta Barik vs State Of Odisha ... Opp.Party on 21 December, 2020
Author: S.K. Sahoo
Bench: S.K. Sahoo
BLAPL No. 2345 of 2020
Sukanta Barik ... Petitioner
-VERSUS-
State of Odisha ... Opp.Party
05. 21.12.2020 The matter is taken up through Video
Conferencing.
Heard learned counsel for the petitioner and
learned counsel for the State.
This is an application under section 439 of
Cr.P.C. for grant of bail to the petitioner in connection
with Aul P.S. Case No.104 of 2014 corresponding to S.T.
Case No.217 of 2015 pending in the Court of learned
Sessions Judge, Kendrapara for alleged commission of
offences under sections 147, 148, 307, 302/149 of the
Indian Penal Code and section 27 of the Arms Act.
The prayer for bail of the petitioner has been
rejected by the learned Sessions Judge, Kendrapara by
order dated 12.03.2020.
A submission was made by the learned counsel
for the petitioner on 07.12.2020 that after being released
on interim bail as per order dated 16.03.2020 passed in
I.A. No. 231 of 2020 in which direction was given to the
petitioner to surrender on or before 26.03.2020, the
petitioner surrendered before the learned trial Court and
thereafter the interim bail was extended by the learned
Sessions Judge, Kendrapara in S.T. Case No. 217 of
2015 as per the order passed by the Division Bench of
this Court in a writ application.
On the basis of such submission, a report was
called for from the learned Sessions Judge, Kendrapara
relating to the aforesaid statement made in Court by the
learned counsel for the petitioner and the learned
Sessions Judge was directed to send the Xerox copy of
the order-sheet from the date on which the petitioner
was granted interim bail in a sealed cover.
In terms of such order, the learned Sessions
Judge, Kendrapara has submitted the report dated
15.12.2020, from which it reveals that the submission
which was made before this Court by the learned counsel
for the petitioner to the effect that the petitioner in
obedience to the order dated 16.03.2020 passed in I.A.
No. 231 of 2020 arising out of BLAPL No.2345 of 2020
surrendered before the Court and thereafter interim bail
order was extended by the learned Sessions Judge,
Kendrapara in S.T.No. 207 of 2015 as per the order
passed by the Division Bench of this Court in a writ
application is false.
The learned Sessions Judge, Kendrapara has
sent the Xerox copy of the order-sheet with the report.
In view of such report, it is apparent that a false
statement was made by the learned counsel for the
petitioner on 07.12.2020. It is very unfortunate that a
learned counsel of this Court having practice for so many
years without any proper instruction is making such a
statement. Be that as it may, since the petitioner is not
now in judicial custody and the learned Sessions Judge,
Kendrapara has issued non-bailable warrant of arrest
against him for his production, this bail application
stands dismissed.
A copy of the order be communicated to the
learned Court below forthwith.
............................
S.K. Sahoo, J.
PKSahoo