ANTARYAMI DAS @ GANESH DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD further argument. Hearing is concluded and the order is as follows which shall aside the result of both the above noted applications under Section 482, Criminal Procedure Code

(2.) ON 13.6.2001 admittedly Petitioner was allowed to go on bail in G.R. Case No. 1748 to 2001 involving the offences, inter alia, under Section 394, I.P.C. Pursuant to that order Petitioner was released on bail on 14.6.2001. In that respect, the conditions imposed were that (i) Petitioner shall appear before the investigating officer on every Sunday till submission of Final Form; and (ii) he shall not repeat similar types of offences. Therefore, it was alleged by the State that on 13.7.2001 Petitioner committed another offence under Section 394, I.P.C. which resulted in registration of Capital Police Station Case No. 236 of 2001 corresponding to G.R. Case No. 2234 of 2001. Accordingly, the prosecution prayed to cancel the bail granted in favour of the Petitioner in G.R. Case No. 1748 of 2001. After hearing the parties, learned Additional Sessions Judge, Bhubaneswar on 13.12.2001 passed the impugned order cancelling the bail granted to the accused. As against that, Petitioner has preferred CRMC No. 10843 01'2001.

(3.) THE entire effort of the Petitioner is to convince this Court that a dispute between the Petitioner's family and a builder has resulted in institution of such criminal cases and in that respect the local police also connived with that builder. Petitioner, however, admits that he did not appear before the O.I.C./I.O. from 15.6.2001 in accordance with the order passed by learned Addl. Sessions Judge relating to the bail granted in G.R Case No. 1748 of 2001. Petitioner also admits that G.R. Case No. 2234 of 2001 has been registered against him relating to the alleged occurrence of 13.7.2001. Learned Counsel for the Petitioner states that there is no semblance of truth in any of the allegations resulting in institution of the criminal proceeding against the Petitioner. So far as it, relates to non -complying with the direction of the bail order, Learned Counsel for the Petitioner states that because' of his illness Petitioner was exempted from appearing in the police station by the concerned Investigating Officer with effect from 15.7.2001.