Iqbal Ansari And Another vs State Of Orissa

IA No.1820 of 2019

For the reasons stated, the prayer for correction of the cause title is allowed. Accordingly, Office is directed to carry out the correction of the father's name of Appellant No.1 in the cause title of CRLA No.67 of 2016 as prayed for.

The IA is allowed.

M.C. No.213 of 2016

For the reasons stated, the fine amount shall remain stayed during pendency of the appeal.

The Misc. Case is allowed.

IA No.1819 of 2019

The Appellants have filed this application for their release on bail pending disposal of the criminal appeal.

While Appellant No.1-Iqbal Ansari is a resident of District-Lakhisarai in Bihar, the Appellant No.2-Khalid Ansari is a resident of District-Giridi in Jharkhand.

Admittedly, both the Appellants had been convicted by the trial court in S.T. Case No.42 of 2014 for the offence under Section 395 of IPC and sentenced to undergo imprisonment for life.

On the earlier occasion, Mr. J. Katikia, learned Additional Government Advocate for the State sought time to seek instructions on the criminal antecedents of the present Appellants. Today as per the instructions received from the IIC, Bamebari P.S., District-Keonjhar, he informs the Court that as far as the State of Odisha is concerned neither of these Appellants are involved in any offence.

The offence under Section 395 of IPC mandates that whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. The Appellants have already served eight years of imprisonment.

The appeal is of the year 2016 and it will not be possible to take up it for final hearing at an early date. At the same time, the Court is conscious that both Appellants have permanent residences outside Odisha and some specific directions will have to be issued to ensure their presence as and when the appeal is taken up for hearing.

In the above facts and circumstances, the Court directs that the Appellants be enlarged on bail in connection with the aforementioned case during the pendency of the appeal subject to the satisfaction of the trial court and in addition subject to the following conditions:

(i) Both the Appellants will furnish to the trial Court prior to their release on bail, affidavits of undertaking that at the time of final hearing of the present appeal by this Court, i.e. 17th February, 2022, both the Appellants shall remain present physically before the Court.

(ii) The Appellants will fully cooperate in the disposal of the appeal as expeditiously as possible.

If there is any violation of the above conditions, it would entail cancellation of the bail order. The I.A. is accordingly disposed of.

CRLA No.67 of 2016

The copies of the paper book already ready by the Registry be supplied to the learned counsel for the parties forthwith.

List for final hearing on 17th February, 2022.

An urgent certified copy of this order be issued as per rules.

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