Suppression of material facts in bail applications undermines the integrity of judicial proceedings, warranting a review and possible recall of previously granted bail.

ORDER :

1. This is an application under Section 4 39 of the Cr.P.C. in connection with Sahadevkhunta P.S. Case No. 350 of 2023 corresponding to C.T. Case No. 729 of 2023 pending in the Court of the learned S.D.J.M., Balasore registered for commission of offences punishable under Sections 498 -A, 302, 304-B, 34 of IPC read with Section 4 of D.P. Act.

2. Mr. Abhijit Mohanty, learned counsel for the petitioner files a memo stating that the case has in the meanwhile been committed to the Court of the learned District and Sessions Judge, Balasore and re-numbered as S.T. Case No. 14 of 2024 and is posted for framing of charge. As per instructions received from the client, the bail application may be permitted to be withdrawn with the liberty to renew the prayer before the learned Court below after framing of charge.

3. On 07.03.2024, Mr. P.C. Jena, learned counsel for the petitioner has submitted that after submission of charge sheet dated 16.11.2023, the co-accused Mina @ Sashikala @ Sashikala Panda had moved the learned Sessions Judge, Balasore for bail and her prayer for bail has been allowed on 24.11.2023 in BLAPL No. 1286 of 2023 and he has produced a certified copy of the order which was taken on record. On perusal of the order dated 24.11.2023 passed in BLAPL No. 1286 of 2023, I found that there is no mention in the order regarding BLAPL No.11020 of 2023 filed before this Court by the said accused. So the learned counsel for the petitioner had been directed to file a copy of the application in BLAPL No. 1286 of 2023 which has been filed in the Court of the learned District and Sessions Judge, Balasore, for perusal of this Court. The Registry had also been directed to call for a copy of the Bail Application No. 1286 of 2023 filed by the co-accused Mina @ Sashikala @ Sashikala Panda in the Court of the learned District and Sessions Judge, Balasore.

4. Copy of the bail application in BLAPL No. 1286 of 2023 has not been filed by the learned counsel for the petitioner in this Court, but there is no note by the Registry to that effect, for reasons best known to the concerned Dealing Assistant.

5. Copy of the application in BLAPL No. 1286 of 2023 as well as the order dated 24.11.2023 passed in BLAPL No. 1286 of 2023 has been received from the Court of the learned District and Sessions Judge, Balasore. I have perused both.

6. In the petition filed under Section 439 of Cr.P.C. in BLAPL No. 1286 of 2023, it is found that there is no mention regarding the order dated 11.10.2023 passed by this Court in BLAPL No.11020 of 2023 or any averment that BLAPL No.11020 of 2023 had been filed by her in this Court. The certificate at the foot of the bail application is extracted below:

“Certified that there is no bail petition is pending and sub- judice before any court of law between the self same parties. One bail petition bearing No.945/2023 was disposed of by this Hon’ble Court on 21.09.2023.”

7. In first paragraph of the order dated 24.11.2023, there is a reference to the Memo filed by the counsel before that Court which reeks of suppression of fact. The relevant paragraph is extracted below :

“Learned counsel for the accused-petitioner filed a memo indicating therein that no other bail application is filed, pending or disposed of before any higher forum as on today, in addition to the certificate given at the foot of the bail application”

8. From this, it is apparent that incorrect submissions have been made and relevant facts have been suppressed when the BLAPL No. 1286 of 2023 was heard.

9. I think it apposite to extract the relevant paragraphs of the judgment of the Supreme Court in the recent case of Kusha Duruka vs. State of Odisha , 202