Hadu @ Zakersa Saha And Others vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of Cr.P.C. has been filed in connection with Naugaon P.S. Case No. 311 of 2023 corresponding to G.R. Case No. 2021 of 2023 pending in the court of the learned S.D.J.M., Jagatsinghpur registered under Section 457,380,34 of the IPC against un-known persons.

The prayer for bail of the petitioners has been rejected on 08.01.2024 by the learned Sessions Judge, Jagatsinghpur in BLAPL No. 392 of 2023. In the rejection order it has been mentioned that petitioner No.1 Hadu @ Zakersa Saha has four criminal antecedents and that the criminal antecedents of the other petitioners are yet to be ascertained.

The prosecution case in brief against the petitioners is that on 18/19.12.2023 at about 1.30 AM, the family members of the informant woke up hearing the cries of their goats. He came out and found some people had gathered and one ash colour vehicle bearing registration No. DL-4CR-7102 parked near his house. On enquiry, he came to know that 2 to 3 persons have stolen his goats. On verification, he found that 10 goat and 8 sheep had been stolen by the un-known culprits.

Investigation revealed that the petitioners have mutton business and had stolen the goats and sheep of the informant for the purpose of selling 5 goats and 5 sheep and the vehicle bearing registration No. DL-4CR-7102 have been recovered from the possession of the present petitioners.

Mr. Mrutyunjay Mohanty, learned counsel for the petitioners submits that the petitioners are in custody since 21.12.2023 and that petitioner No.1 has four criminal antecedents, but petitioners No. 2 and 3 do not have any criminal antecedents.

Ms. S. Mishra, learned Additional Standing Counsel opposes the prayer for bail stating that as the petitioner No.1 has a number of criminal antecedents and investigation is in progress, he should not be released on bail. He further submits that the criminal antecedents of petitioner No.2 and 3 have to be verified and some of the stolen goats and sheep have not been recovered.

Considering the nature of allegations against the petitioners and since some of the goats and sheep have been recovered and it is stated that petitioner No. 2 and 3 do not have any criminal antecedents, I am inclined to release the petitioner No. 2 and 3 on bail, subject to verification of their criminal antecedents.

The petitioner No.2 Sazid Sa @ Saha and Petitioner No.3 Rahil Sa @ Saha shall be released on bail on such terms and conditions as deemed fit and proper by the learned Court below in seisin over the matter, subject to verification of their criminal antecedents.

The prayer for bail of the petitioner No.1 Hadu @ Zakersa Saha is rejected.

It is open to petitioner No.1 Hadu @ Zakersa Saha to move for bail afresh after completion of investigation.

The BLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

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