Orissa High Court
Preeti Krushna Swain @ Filter vs State Of Odisha .... Opposite Party on 17 August, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 7872 of 2023
Preeti Krushna Swain @ Filter .... Petitioner
Mr. L. Achari, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. A. Pradhan, ASC
BLAPL No. 7217 of 2023
Bikram Swain .... Petitioner
Mr. K.P. Dash, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. A. Pradhan, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
17.08.2023 Order No.
02. 1. Since both the BLAPLs relate to the same P.S. Case (Bhanjanagar P.S. Case No.700 of 2022) (before the learned Additional Sessions Judge, Bhanjanagar, Ganjam), they are heard together on the consent of the parties and are being disposed of by this common order.
2. Heard learned counsel for the petitioners and learned counsel for the State.
3. The petitioners are accused in connection with S.T. Case No.58 of 2023, pending before the learned Additional Sessions Page 1 of 4 Judge, Bhanjanagar, Ganjam, arising out of Bhanjanagar P.S. Case No.700 of 2022 for alleged commission of offences under Sections 364/302/201/120-B of IPC.
4. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Bhanjanagar, by order dated 07.06.2023 in the aforementioned cases, the present BLAPLs have been filed.
5. It is submitted by the learned counsel that the petitioners are in custody since 24.12.2022 and charge sheet has been filed on 16.04.2023.
6. It is stated by the learned counsel for the petitioners that since the entire case is based on circumstantial evidence and on the alleged confession of the co-accused Sudhansu Sekhar Swain, which is prima facie inadmissible, further continuance of the petitioners in custody is unwarranted.
7. It is the submission of the learned counsel for the petitioners relying on the statement of one Dillip Kumar Jena-CSW No.24 that he has seen the deceased last with the said Sudhansu Sekhar Swain and there is no reference to the present petitioners and since T.I. Parade was not held in the case at hand, the petitioners may be released on bail.
8. Additionally, it is submitted by the learned counsel for the petitioner (Bikram Swain) in BLAPL No.7217 of 2023 that there are no materials whatsoever to connect the petitioner with the crime and only because he is the father of the so called principal accused, he has been cited as an accused.
9. To fortify his submission, learned counsel for the petitioner (Preeti Krushna Swain @ Filter) in BLAPL No.7872 of Page 2 of 4 2023 relies on the decision of the apex Court in the case of Indra Dalal vs. State of Haryana reported in (2015) 11 SCC 31.
10. Learned counsel for the State has relied on the statement of the co-accused recorded under Section 27 of the Evidence Act leading to discovery of the alleged weapon of offence, body of the deceased. And, wearing apparels including the footwear and other materials of the accused.
11. It is apt to note here that in his statement the shoe shop owner-Sarat Kumar Pradhan-CSW No.22 has stated that three persons had come to his shop and purchased three pairs of shoes. This Court refrains from further elaborating since it will prejudice the accused.
12. The disclosure statement of the co-accused lends credence to the case of the prosecution that the petitioner (Preeti Krushna Swain @ Filter) in BLAPL No.7872 of 2023 actively participated in the commission of the crime.
13. This Court is of the prima facie view that in view of Section 30 of the Evidence Act and the Judgment of the Apex Court in the case of Kalyan Chandra Sarkar vs. Rajesh Ranjan reported in (2004) 7 SCC 528 that the statement of the co-accused can be taken into consideration at the stage of bail and on a conspectus of materials on record, this Court is not inclined to entertain the bail application of petitioner-Preeti Krushna Swain @ Filter in BLAPL No.7872 of 2023. Accordingly, the BLAPL No.7872 of 2023 is rejected.
14. This Court is of the considered view that the judgment cited in the case of Indra Dalal (Supra) has no application in the factual matrix of the case at hand.
Page 3 of 415. Liberty is given to the petitioner (Preeti Krushna Swain @ Filter) in BLAPL No.7872 of 2023 to renew his prayer before the learned Court in seisin at a later stage.
16. Taking into account the complicity of the petitioner (Bikram Swain) in BLAPL No.7217 of 2023, this Court directs his release on bail on such terms to be fixed by the learned Court in seisin.
17. Additionally, it is directed that the petitioner (Bikram Swain) in BLAPL No.7217 of 2023 shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin.
18. Accordingly, the BLAPLs stand disposed of.
19. Urgent certified copy of this order be granted as per the rules.
(V. NARASINGH) Judge Ayesha Signature Not Verified Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa Date: 21-Aug-2023 12:18:31 Page 4 of 4