CUTTACK, India, Feb. 12 -- Orissa High Court issued the following order on Jan. 12:
1. Since these two CRLAs arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.
2. These are the criminal appeals in nature of Section 14-A of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 together with amendment Act, 2016 (in short, "the Act") are directed against the order dated 28.02.2025/05.05.2025 passed in CT(Spl) Case No.29 of 2025 by which the learned District & Sessions Judge-Cum-Special Judge, Jajpur under SC & ST (PA) Act, has refused to release the appellants on bail in connection with Jajpur Sadar PS Case No.37 of 2025, for commission of offence punishable U/Ss.126(2)/296/115(2)/109/103/74/ 351(2)/3(5) of BNS r/w Sections 3(1)(r)(s)/2(2)(va) of the Act, on the main allegation of committing murder of one Santanu Das and injuring his father by assaulting them indiscriminately with split wood.
3. Heard, Mr. Ashok Kumar Sarangi, learned counsel for the appellant in CRLA No. 1086 of 2025; Mr.Arijeet Mishra, learned counsel for the appellant in CRLA No. 623 of 2025; Mr. Susanta Sekhar Mohapatra, learned counsel for the informant and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record.
3.1. In the course of hearing, Mr.Arijeet Mishra, learned counsel for the appellant in CRLA No. 623 of 2025 submits that there are two FIRs lodged against the appellants for self-same incident, one after two days of the alleged assault and another one, after six days of the occurrence, but fact remains that the name of the present appellants do not figure out in the first FIR, however, subsequently, the same was mentioned due to influence by others and the deceased having sustained one injury on his person and the present appellants being not responsible in any way for the assault of the deceased or injured, the present appellant may kindly be granted bail.
3.2. In echoing the aforesaid submission, Mr. Ashok Kumar Sarangi, learned counsel for the appellant in CRLA No. 1086 of 2025 submits that charge-sheet has already been submitted, but trial is yet to commence, however, the further proceeding in this case has been stayed due to the question regarding validity of the second FIR and the appellant having implicated in this case due to political influence, he may kindly be granted bail.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x4xGT8Qb1FUxB0YbAj76DOBUSzDr5j364NGdMCd6GVD%2F&caseno=CRLA/1086/2025&cCode=1&cino=ODHC010677342025&state_code=11&appFlag=)
Disclaimer: Curated by HT Syndication.