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2025 DAILYLAW 10641 (ORI)

SAYAD MAHAMMAD @ MOHAMMAD v. STATE OF ODISHA

BLAPL/587/2025 · 2025-01-28

R K Pattanaik

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.587 of 2025 Sayad Mahammad @ Mohammad and others …. Petitioners Mr. Dharanidhar Nayak, Senior Advocate -Versus- State of Odisha …. Opposite Party Mr. T.K. Acharya, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 28.01.2025 01. 1. Heard Mr. Nayak, learned Senior Advocate for the petitioners and Mr. Acharya, learned ASC for the State. 2. Instant petition under Section 483 BNSS is filed seeking release of the petitioners on bail in connection with G.R. Case No.141 of 2017 pending in the file of learned J.M.F.C., Pipili corresponding to Delanga P.S. Case No.60 of 2017 on the grounds stated therein. 3. Mr. Nayak, learned Senior Advocate appearing rot the petitioners submits that though the alleged occurrence said to have taken place but the victim, namely, the husband of the informant received minor injuries, such as, abrasions in left leg and right hand and both are held to be simple in nature with an opinion that it could have been caused by a blunt object. It is further submitted that since large number of persons committed the mischief and p. 2 although the names of the petitioners are mentioned in the FIR but having regard to the nature of injuries received by the informant’s husband, the accused persons should be allowed to go on bail. 4. Mr. Acharya, learned ASC for the State in reply and response to the above submits that the anticipatory bail of the petitioners was declined and as per the FIR i.e. Annexure-1, the victim was assaulted by means of dangerous weapons and even bombs were thrown at him. Mr. Nayak, learned Senior Advocate for the petitioners submits that after the rejection of request for anticipatory bail, the petitioners surrendered before the learned court below and are in custody from 21st December, 2024. 5. A copy of the chargesheet is produced in Court today and the same is perused. True copies of the statements of the witnesses including that of the informant recorded under Section 161 Cr.P.C are also produced besides the medical examination report of the victim and the same are gone through. The details of the circumstances leading to the alleged incident have been described by the informant in her statement under Section 161 Cr.P.C. The chargesheet is filed for an offence under Section 307 IPC. As far as the injuries are concerned revealed from the medical examination report dated 17th June, 2017, the informant’s husband said to have received only two abrasions and both are simple in nature. Considering the above facts though there is allegations of serious mischief committed by the petitioners and other accused persons, the Court is of the view that the injuries to be simple in nature, hence, under the circumstances and in view of the chargesheet being filed in the meantime, the petitioners should be allowed to go on bail however with stringent conditions. Page 3 of 3 6. Hence, it is ordered. 7. In the result, the petition under Section 483 BNSS stands allowed. Consequently, the petitioners are directed to be released on bail in connection with G.R. Case No.141 of 2017 arising out of Delanga P.S. Case No.60 of 2017 subject to them furnishing bail bonds of Rs.25,000/-(rupees twenty five thousand) each with one solvent surety for the like amount each to the satisfaction of the learned J.M.F.C., Pipili, who shall impose such other suitable conditions besides the following, such as, they shall not pick-up any quarrel or fight with the informant and victim’s family and not to terrorize them in any manner, whatsoever, while on bail and to submit an undertaking at the local PS not to involve themselves in any such criminal activities in future after being released. 8. The BLAPL is disposed of. 9. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge TUDU Designation: Sr. Stenographer