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Orissa High CourtBLAPL/9902/2021disposed off

Bechu @ Bechu Yadav v. State Of Odisha

2022-09-23Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9902 of 2021 Bechu @ Bechu Yadav ....

Petitioner Mr.R.K. Das, Advocate -versusState of Odisha ....

Opp. Party Mrs. Susamarani Sahoo Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

23.09.2022 07.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 21.05.2017 and his earlier bail application in BLAPL No.6081 of 2017 was rejected as per the order dated 09.03.2021 and this Court directed the learned trial Court to expedite the trial and conclude the same within a period of six months from the date of the receipt of this order.

Status report was called for as per order dated 15.07.2022 and the learned trial Court has furnished the fresh report dated 25.08.2022 received from the Superintendent of Police STF, CID-CB, Bhubaneswar from which it appears that as per the order of this Court the Inspector-in-charge of Jeypore Sadar, police

// 2 // station and Bhairabisinghpur police station were directed to verify the documents of two sureties submitted by the petitioner as well as the person's identities. As reported by the IIC, Jeypore Sadar police station that Dhoba Khara, S/o Mangala Khara of Kolaguda P.S. Jeypore Sadar, Dist.Koraput is a professional bailor and he has got no relation with the petitioner. The land documents submitted by him as surety are without the knowledge of the land owners. From the rent receipt, it is also seen that the same was deposited by Dhoba Khara through e-pauti without the knowledge of land owners.

As regards land documents of Nanda Damba S/o Dhanu Gonda, it is reported by IIC, B. Singhpur police station that Nanda Dama originally belongs to village Nuagaon under Bhairabisinghpur police station and died since long. The late Nanda Damba blessed with two sons namely, Madhu Harijan and Bibhisand Harijan and four daughters namely, Jenamati Harijana, Gomati Harijan, Sanai Harijan and Tikimani Harijan. Neither of his family members produced the ROR nor they have knowledge about submission of documents to stand as surety for the petitioner. Similarly, the land documents of Loknath Dama of Kalasahandi, Jeypore in the district of Koraput was also verified During verification, it is ascertained Loknath Damba has expired since last two years back and Mangala Damba is a paralytic patient and residing

// 3 // at his village. Mangala Damba denied his knowledge about surety for the petitioner Bichi Yadav @ Bechu and therefore, the petitioner has furnished the names of fake bailors to this Court and fake documents. Report received by the learned counsel for the State is taken on record.

In view of the conduct of the petitioner, I am not inclined to release the petitioner on bail. Accordingly, the BLAPL stands dismissed.

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

P ( S.K. Sahoo) Judge