MD. MAINUDDIN MOLLA Vs. STATE OF ODISHA

JUDGEMENT

(1.) These applications under Sec. 439 of Cr.P.C. have been filed in connection with Gram Ganjam P.S. Case No. 301 of 2023 dtd. 3/11/2023 corresponding to G.R. Case No. 1480 of 2023 pending in the court of the learned S.D.J.M., Chatrapur, Ganjam registered under Ss. 454 and 380 of IPC against the unknown persons.

(2.) At the outset, Mr. D.K. Mishra, learned Additional Government Advocate submits that the two petitioners namely Md. Mainuddin Molla (in BLAPL No. 497 of 2024) and Sohel Ahmed (in BLAPL No. 499 of 2024) have approached this Court directly after the learned S.D.J.M., Chatrapur refused to release them on bail on 23/12/2023, without approaching the Court of Sessions for which their applications are not maintainable and should not be entertained.

(3.) Mr. Surendra Kumar Mishra, learned counsel for the petitioners in both the applications submits that Sohel Ahmed-petitioner in BLAPL No. 499 of 2024 is the proprietor of M/s. Bengal Raja Bidi Factory situated at Paschimpara, Barua, Mursidabad, West Bengal and he is residing at present MPV-40, Potteru, P.S.-Kalimela, District- Malkangiri where he has taken a lease of 5 years from one Dipak Paik for the purpose of BIDI FACTORY under the name and style of 'BANGAL RAJA BIDI' and he has annexed a copy of the agreement. Md. Mainuddin Molla-petitioner in BLAPL No. 497 of 2024 is his employee. On account of business rivalry, while the two petitioners were travelling in the white Scorpio vehicle of the petitioner-Sohel Ahmed (in BLAPL No. 499 of 2024) bearing Registration No. WB 58 BM 6119 in the National Highway, near Ganjam check gate somebody informed the Police that they were transporting narcotic drugs in the said vehicle. So their vehicle was stopped at the check gate. Although no narcotics substances or drugs were found in the vehicle, the petitioners were arrested and their vehicle was seized on 23/12/2023 on the allegation that they are involved in Gram Ganjam P.S. Case No. 301 of 2023 which had been registered more than one month back against unknown persons. No weapons were being carried in the car, but the petitioners were taken to the Police Station and their photographs were clicked along with weapons (bhujali and khanda) found in the Police Station stating that these weapons were found in the vehicle. It was also alleged that pictures of the stolen jewellery was found in the mobile phones of the petitioner, but these pictures have been uploaded in their phone after their mobile phones were seized by the Police. He further submits that the petitioners have approached this Court directly after their bail petitions were rejected by the learned S.D.J.M., Chatrapur, Ganjam in order to get immediate justice for the petitioners who have been implicated in a false case as the Court of Sessions will not listen to the submissions made by the counsels for the accused persons and will go by the instructions and the papers submitted by the Police. He further submits that he has filed copies of the documents which go to show that petitioner-Sohel Ahmed (in BLAPL No. 499 of 2024) is a well to do person and has no reason to commit robbery or even go to the village where the theft took place. He further submits that in order to publicize the case, the Police had called the media persons who have recorded and released video footage relating to arrest of the petitioners, which was uncalled for.