Orissa High Court
Susa @ Susanta Baliarsingh @ vs State Of Odisha …. Opp. Party on 5 March, 2025
Author: Savitri Ratho
Bench: Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.10748 of 2024
Susa @ Susanta Baliarsingh @ .... Petitioner
Susana Baliarsingh
Mr. Jyotirmaya Sahoo
Advocate
-versus-
State of Odisha .... Opp. Party
Ms. Sarita Moharana,
Additional Standing Counsel
CORAM:
JUSTICE SAVITRI RATHO
Order No. ORDER
07.02.2025
(Through Hybrid Mode)
05. 1. This is second application under Section 439 of Cr.P.C. in
connection with Jankia P.S. Case No.235 of 2023 corresponding to
G.R. Case No.785 of 2023 pending in the Court of learned J.M.F.C.
(Cog.), Khurda.
2. The petitioner along with other accused persons, namely,
Gobinda Jena, Chandan Biswal @ Chadrasekhar, Jagannath Baral,
Pintu @ Bidubhusan Kar and another unknown persons are facing
trial in the Court of learned 2nd Additional Sessions Judge, Khurda
in S.T. Case No.77 of 2024 for commission of offences punishable
under Section 307/506/324/325/326/120-B/34 of the I.P.C. read
with Sections 25 & 27 of the Arms Act. Earlier the bail application
of the petitioner, i.e., BLAPL No.12102 of 2023 has been
dismissed granting liberty to the petitioner to move for bail after
examination of the injured in the trial or if there was undue delay in
examination of the injured in the trial. Thereafter, the petitioner has
moved the learned trial Court for bail, which has been rejected on
24.09.2024
.
3. The prosecution allegation in brief is that on 24.07.2023,
the present petitioner along with the other accused persons and
another unknown person made a conspiracy in the house of
Pintu @ Bidubhusan Kar. On 25.07.2023 at about 6.00 AM when
the injured Biroj Kumar Rath @ Butuna had gone for a morning
walk, he was assaulted by the accused persons and the un-
known accused by means of swords. As a result of which he
sustained 22 incised bleeding injuries including two fractures.
Thinking that he had died the accused persons left the spot on two
motorcycles. After the informant reached the spot, the injured
was shifted to SUM Hospital. He regained his consciousness on
the way and named the co-accused Gobinda Jena, Chandan Biswal
and Jagannath Baral to have assaulted him with sword.
4. Mr. Jyotirmaya Sahoo, learned counsel for the petitioner
submits that the petitioner is in custody since 04.09.2023 and
number of witnesses have been examined, but the injured Biroj
Kumar Rath @ Butuna in spite of service of summon is not
Page 2 of 7
appearing in the Court for adducing evidence. He further submits
that it has been alleged that the petitioner has 28 criminal
antecedents and the cases with their status have been indicated but
in the affidavit dated 19.12.2024 filed by Bibhuti Baliarsingh, who
is the elder brother of the petitioner. The cases indicated in the
affidavit are as follows:-
“(i) Nirakarpur P.S. Case No – 127 dtd. 18.09.2014 U/S –
47(a) B & O Excise Act (Judgment – Acquitted)
(ii) Nirakarpur P.S. Case No – 145 dtd. 21.10.2014 U/S –
47(a) B & O Excise Act (Judgment – Acquitted)
(iii) Nirakarpur P.S. Case No – 27 dtd. 20.03.2018 U/S –
47(a) B & O Excise Act (Judgment – Acquitted)
(iv) Nirakarpur P.S. Case No – 36 dtd. 23.04.2016 U/S –
47(a) B & O Excise Act (Judgment – Acquitted)
(v) Nirakarpur P.S. Case No – 116 dtd. 22.08.2014 U/S –
147/148/448/427/354/323/307/506/149 IPC & 9(b) I.E. Act
(Regular Bail)
(vi) Nirakarpur P.S. Case No – 171 dtd. 20.12.2014 U/S –
341/294/323/354/506 IPC (Judgment – Acquitted)
(vii) Nirakarpur P.S. Case No – 75 dtd. 17.08.2016 U/S –
147/148/427/323/506/149 IPC r/w 25 Arms Act & 3/4 E.S. Act
(Judgment – Acquitted)
(ix) Nirakarpur P.S. Case No – 05 dtd. 13.01.2017 U/S –
147/148/294/323/506/149 IPC & 25/27 Arms Act (Judgment –
Acquitted)
(x) Nirakarpur P.S. Case No – 95 dtd. 28.09.2017 U/S –
52(a)(i) Odisha Excise Act (Judgment – Acquitted)
(xi) Nirakarpur P.S. Case No – 62 dtd. 22.06.2018 U/S –
52(a)(i) Odisha Excise Act (Judgment – Acquitted)
(xii) Nirakarpur P.S. Case No – 235/2023 U/S –
307/324/326/506/34 IPC (Pending)
(xiii) Nirakarpur P.S. Case No – 183 dtd. 24.12.2020 U/S –
52(a)(i) Odisha Excise Act (Judgment – Acquitted)
(xiv) Nirakarpur P.S. Case No – 01 dtd. 01.01.2014 U/S –
294/506/34 IPC (Judgment – Acquitted)
(xv) Nirakarpur P.S. Case No – 19 dtd. 09.03.2019 U/S –
52(a)(i) Odisha Excise Act (Judgment – Acquitted)
(xvi) Nirakarpur P.S. Case No – 25 dtd. 17.02.2020 U/S –
52(a)(i) Odisha Excise Act (Judgment – Acquitted)
(xvii) Nirakarpur P.S. Case No – 52 dtd. 21.05.2019 U/S –
451/323/354(A)/354(B)/294/506/34 IPC (Regular Bail)
(xviii) Nirakarpur P.S. Case No – 99 dtd. 20.10.2019 U/S –
Page 3 of 7
52(a)(i) Odisha Excise Act (Judgment – Acquitted)
(xix) Nirakarpur P.S. Case No – 79 dtd. 12.06.2020 U/S –
52(a)(i) Odisha Excise Act (Judgment – Acquitted)
(xx) Nirakarpur P.S. Case No – 163 dtd. 20.11.2020 U/S –
341/323/379/294/506/34 IPC (Judgment – Acquitted)
(xxi) Nirakarpur P.S. Case No – 123 dtd. 13.08.2021 U/S –
186 IPC r/w 52(a)(i) Excise Act r/w Sec 183/184 of M.V. Act
(Judgment – Acquitted)
(xxii) Nirakarpur P.S. Case No – 147 dtd. 22.09.2021 U/S –
52(a)(i) Odisha Excise Act (Judgment – Acquitted)
(xxiii) Nirakarpur P.S. Case No – 152 dtd. 02.10.2021 U/S –
52(a)(i) Odisha Excise Act (Judgment – Acquitted)
(xxiv) Nirakarpur P.S. Case No – 82 dtd. 31.03.2023 U/S –
294/323/452/506/34 (Regular Bail)
(xxv) Nirakarpur P.S. Case No – 183 dtd. 24.12.2020 U/S –
52(a)(i) Odisha Excise Act (Judgment – Acquitted)
(xxvi) Nirakarpur P.S. Case No – 36 dtd. 23.04.20106 U/S –
47(a) B & O Odisha Excise Act (Judgment – Acquitted)
(xxvii)Nirakarpur P.S. Case No – 62 dtd. 22.06.2018 U/S –
52(a)(i) Odisha Excise Act (Judgment – Acquitted)
(xxviii)Nirakarpur P.S. Case No – 95 dtd. 28.09.2017 U/S –
52(a)(i) Odisha Excise Act (Judgment – Acquitted)”
Mr. Sahoo further submits that out of 27 cases excluding the
present case, the petitioner has been acquitted in 24 cases out of
which 18 cases are under the Orissa Excise Act. Out of the
remaining 4 cases which are pending, one is the present case and
corrected vide the other three cases are (i) * Jankia P.S. Case No.235 of 2023
order dated
05.03.2025
under Sections 307/506/34 of the IPC Nirakarpur P.S. Case No.116 of 2014 under Sections 147/ 148/ 448/ 427/ 354/ 323/ 307/
506/ 149 of IPC read with Section 9 (b) of I.E. Act, (ii) Nirakarpur
P.S. Case No.52 of 2019 under Sections 451/ 323/ 354(A)/ 354(B)/
294/ 506/ 34 IPC and (iii) Nirakarpur P.S. Case No.82 of 2023
under Sections 294/323/452/506/34 of the IPC and he has been
Page 4 of 7
granted bail in all the three cases. He further submits that oneAshok Mohapatra has been examined as P.W.1 in this case and he
has not supported the prosecution case.
5. Ms. Sarita Moharana, learned Additional Standing Counsel
opposes the prayer for bail and states that the victim/injured has
been conjointly assaulted by the accused persons including the
petitioner and sustained 24 injuries out of which 22 injuries are
lacerated grievous injuries and 2 are fractures. She further submits
that the whereabouts of the injured are unknown and if the
petitioner is released on bail, he is likely to threaten the injured.
She further submits that in view of his criminal antecedents, the
petitioner should not be released on bail as no other accused has
been granted bail.
6. Perused the status report dated 22.01.2025 of the learned 2nd
Additional District & Sessions Judge, Khurda. In the said report it
is stated that on 16.01.2025 no witnesses were present and on
17.01.2025 he availed C.L. It is also stated that two witnesses, i.e.,
P.W. 2 & P.W.3 were examined on 20.01.2025 and all possible
steps have been taken for procuring the attendance of the injured
Biroj Kumar Rath @ Butuna, but he did not turn up.
7. Considering the fact that the petitioner is in custody since
Page 5 of 7
04.09.2023, in the status report of the learned trial Court it is statedthat the injured is not turning up for adducing evidence, despite
repeated summons and the submission of the learned counsel for
the petitioner that in 24 out of 28 cases against him, he has been
acquitted and 18 out of these 24 cases were Excise cases and in the
remaining three cases he has already been granted bail, I am
inclined to allow the prayer for bail of the petitioner but subject to
stringent conditions.
8. The petitioner – Susa @ Susanta Baliarsingh @ Susana
Baliarsingh be released on bail on such terms and conditions as
may be fixed by the learned Court below in seisin over the matter,
after verifying that only four cases including this case are pending
against the petitioner and he has been granted bail in the other three
cases as mentioned above, including the following conditions:
(i) He will not indulge in any criminal activity while on bail,
(ii) He will not threaten or try to influence prosecution
witnesses while on bail
(iii) He shall furnish cash surety of Rs.10,000/-
(iv) He will report before the Jankia Police Station on every
Sunday between 4.00 P.M. to 6.00 P.M. till conclusion of
trial.
Page 6 of 7
(v) He will remain present in the learned trial Court on each
date.
9. Violation of any condition will entail in cancellation of
bail/recall of this order.
10. The petitioner shall be released on bail after verifying that
corrected vide
order dated
05.03.2025
the petitioner has been granted bail in * Jankia P.S. Case No.235 of
2023 Nirakarpur P.S. Case No. 116 of 2014, Nirakarpur P.S. Case
No.52 of 2019 and Nirakarpur P.S. Case No.82 of 2023 and that
the injured in spite of being alive, is not appearing in the learned
trial Court to adduce evidence.
11. The BLAPL is accordingly disposed of.
12. It is also directed that in case the victim Biroj Kumar Rath
requires police protection for adducing evidence in the Court of
learned 2nd Additional Sessions Judge, Khurda, it is open to him to
apply to the Superintendent of Police, Khurda and IIC, Jankia
Police Station for necessary security/police protection.
13. Copy of the order be supplied to Ms. Sarita Moharana,
learned Additional Standing Counsel for communication to the
Superintendent of Police, Khurda as well as to the I.I.C., Jankia
Signature Not Verified
Police Station.
Digitally Signed
Signed by: AMIT KUMAR MOHANTY
Reason: Authentication (Savitri Ratho)
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 12-Mar-2025 18:19:26 Judge
Amit
Page 7 of 7
