MD AFTAB @ FATTU vs STATE OF ODISHA

IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA Nos. 1053 & 929 of 2024

CNR Nos. ODHC010734982024 & ODHC010675192024

(In the matter of an appeal U/S.14-A(2) of SC & ST
(PoA) Act).

Md.Sonu @ Md. Arif Ansari
(In CRLA No.1053 of 2024)
Md. Aftab @ Fattu
… Appellants

(In CRLA No.929 of 2024)

-versus-
State of Orissa and another … Respondents


For Appellants : Mr.S.Mohanty, Advocate

(In CRLA No. 1053 of 2024)
Mr.D.P.Mishra, Advocate
(In CRLA No. 929 of 2024)


For Respondents : Mr. C.Mohanty, Addl. PP

CORAM: JUSTICE G. SATAPATHY



DATE OF HEARING & JUDGMENT:09.09.2026(ORAL)

G. Satapathy, J.

1. These two Criminal Appeals in the nature of
bail U/S.14-A of the Scheduled Caste & Scheduled
Tribe (Prevention of Atrocities) Act, 1989 together with
amendment Act, 2016 (in short, “the Act”) is directed
against the impugned order dated 06.09.2024 passed
in Special GR Case No.12/21 of 2023 by which the
st
learned 1 Addl. District & Sessions Judge, Sambalpur,
CRLA Nos.1053 of 2024 & another Page 1 of 4

has refused to grant bail to the appellants in
connection with Town PS Case No.124 of 2023, for
commission of offences U/Ss. 147/ 148/ 323/ 326/
302/ 307/ 153A/ 506/149 of IPC r/w Section 3(1)(r)/
3(2)(v)(va) of the Act, on the main allegation of
rioting, along with co-accused persons being armed
with deadly weapons and committing murder of
Chandramani Mirdha and injuring Kalia @ Biswanath
Sikka by assaulting them in prosecution of their
common object.
2. Heard Mr.Surendra Mohanty, learned counsel
appearing virtually for the appellant in CRLA No. 1053
of 2024; Mr. Dibya Prakash Mishra, learned counsel
appearing virtually for the appellant in CRLA no. 929
of 2024 and Mr.C.Mohanty, learned Addl. PP in the
matter and perused the record. None appears for the
informant/victim despite being duly intimated as
apprised by learned Addl. PP.
3. The appellants in these two criminal appeals
have sought for bail on the ground of delay in
commencement of trial, but there appears not only
CRLA Nos.1053 of 2024 & another Page 2 of 4

direct allegation against the appellants for committing
murder of one person and injuring another, but also
there appears eye witness account to the occurrence.
No doubt, some of the co-accused have been granted
bail, but the eye witnesses have specifically stated the
names of the present appellants as alleged assailants.
Besides, the appellant-Md. Sonu @ Md. Arif Ansari is
having ten criminal antecedents which have not been
disclosed by the appellant in his appeal. In the context
of material facts, this Court is fortified with the
decision in Munnesh Vrs. State of Uttar Pradesh;
2025 SCC OnLine SC 1319, wherein the Apex Court
at Paragraph-9 has held as under:-
“ 9. Xxx xxx xxx, since the petitioner has
suppressed material facts with regard to his
involvement in criminal cases, he is not entitled
to the discretionary relief of bail. Xxx xxx xxx”.

4. In the aforesaid facts and circumstance and
on consideration of materials placed on record and the
eye witnesses being yet to be examined, this Court
does not consider it proper to admit the appellants to
bail at this stage.
CRLA Nos.1053 of 2024 & another Page 3 of 4

5. Accordingly, both the CRLAs stand dismissed.
Looking at the custody period of the appellants, the
learned Court in seisin over the matter is requested to
proceed with the trial in this case, if there is no other
legal impediment and the learned Public Prosecutor is
hereby requested to impress upon the Forensic
Laboratory to submit CE report and the Material
Objects at the earliest to the learned trial Court. The
concerned trial Court is also requested to verify as to
whether the MO and CE report has already been
submitted to the learned Court who had sent the
exhibits to FSL.
A copy of this order be immediately
transmitted to the learned Court in seisin over the
matter for reference.


(G. Satapathy)
Judge





Orissa High Court, Cuttack,
th
Dated the 9 day of September, 2026/Kishore

Signature Not Verified
Digitally Signed
Signed by: KISHORE KUMAR SAHOO
Reason: Authentication
Location: High Court of Orissa
Date: 09-Sep-2026 19:11:55
CRLA Nos.1053 of 2024 & another Page 4 of 4