The High Court of Orissa allowed the bail application of Katia Marndi in a murder case. Considering the lack of evidence, pre-trial custody duration, and the petitioner's tribal status, bail was granted with sureties and conditions to attend trial.
Petitioner released on bail on furnishing bonds of Rs.25,000/- with two solvent sureties.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.9355 of 2021
Katia Marndi
…. Petitioner Mr. S. Hota, Advocate
-versus-
State of Orissa
…. Opp. Party Mr. S.S. Pradhan, AGA
CORAM:
JUSTICE G. SATAPATHY
ORDER
Order No.
23.11.2022
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against the petitioner in view of the fact that the deceased had entered into the house of the sister-in-law of the petitioner in the dead of night with evil intention and the petitioner might have assaulted in a fit state of anger finding the deceased ill intention and, therefore, at best a case U/S.304 Part-II would be attracted against the petitioner. It is further submitted by him that since charge-sheet has already been submitted, there is hardly any chance of tampering the prosecution witnesses and it would not be in the interest of justice to detain the petitioner further in custody. It is accordingly prayed by him to enlarge the petitioner on bail.
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petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with and that he shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case.
It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out.
Subhasmita
(G. Satapathy)
Judge
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in a murder case pending assignment.
1 provisions across 1 enactments
Katia Marndi
State of Orissa
G. Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
