Allowed

Madhaba Ratnalu @ Madhab Ratnalu v. State of Odisha

Orissa HC4 Oct 2023BLAPL/7919/2022

Case brief

AI extract

What is this about?

The High Court of Orissa granted bail to the petitioner in a serious criminal case involving murder and Naxalism. The court observed that allegations were general, no specific charge existed against him, and he was in custody for over two years without trial conclusion. Bail was granted with specific attendance conditions.

What did the court decide?

Petitioner released on bail on terms to appear before IIC on every Sunday and before the trial court on each date of posting without representation.

Madhaba Ratnalu @ Madhab Ratnalu Vs State of… — Murder and Culpable Homicide | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 7919 of 2022

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Madhaba Ratnalu@Madhab …. Petitioner Ratnalu

Mr. J.K. Khuntia,

Advocate

-Versus -

State of Odisha ..… Opp . Party Mr. S. Mishra, ASC

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CORAM: JUSTICE SASHIKANTA MISHRA

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ORDER_

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04.10.2023

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Order No. 1. This matter is taken up through hybrid mode. 1 2. Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner is in custody since 16.08.2021 in connection with Bandhugaon P.S. Case No.3 of 2010 corresponding to G.R. Case NO. 11-D of 2010 pending in the court of learned Addl. Sessions Judge-cum-Special Judge, Koraput for the alleged commission of the offence under Sections 147/148/120-B/121/121-A/302/395 /450/149 of IPC read with Section 25/27 of Arms Act read with Sections 16(1)(A)/18/20 of UAP Act read with Section 17 Crl. LA Act. 4. It is alleged that about 40 to 50 persons in plain dress and some Naxals being armed with deadly weapons like gun, knife and tangia etc. came to the house of the

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deceased and after calling him, committed his murder near bus stand of their village. They also damaged a two wheeler vehicle by setting it on fire. There is no specific allegation against the petitioner. His bail application was rejected by the court below mainly on the ground that he had absconded for about ten years after the occurrence. This Court finds from the case record that the allegations are general in nature and nothing specific has been attributed to the present petitioner. Moreover, he has been in custody for more than two years and trial is yet to conclude. Under such circumstances, I am inclined to take a lenient view.

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Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall appear before the IIC of Bandhugaon police station on every Sunday at 10.00 A.M. till conclusion of trial. He shall also appear before the trial court on each date of posting of the case without seeking representation.

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The BLAPL is accordingly disposed of.

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Urgent certified copy of this order be granted on proper application.

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Signature Not Verified

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Digitally Signed Signed by: BHIGAL CHANDRA TUDU B.C. Tudu Reason: Authentication Location: Orissa High Court, Cutt ack Date: 05-Oct-2023 19:37:20

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( Sashikanta Mishra) Judge

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Madhaba Ratnalu @ Madhab Ratnalu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Madhaba Ratnalu @ Madhab Ratnalu v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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