Allowed

Sk. Mamud @ Mabud @ Mabood v. State of Odisha

Orissa HC11 Dec 2023CRLA/27/2023

Case brief

AI extract

What is this about?

In a bail application concerning an offence under IPC and SC/ST (PoA) Act, the appellant challenged his continued custody. The court observed that prosecution witnesses turned hostile and allowed bail, subject to terms imposed by the trial court.

What did the court decide?

Appellant released on bail on terms and conditions to be imposed by the trial court, including personal appearance on each posting.

Sk. Mamud @ Mabud @ Mabood Vs State of Odisha — Caste Atrocities | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

CRLA No. 27 of 2023

¶3

Sk. Mamud @ Mabud @ Mabood

¶4

.… Appellant

¶5

Mr. A.R. Panda, Adv.

¶6

Versus -

¶7

State of Odisha & Anr.

¶8

.… Respondent

¶9

Addl. Standing Counsel

¶10

CORAM: JUSTICE SASHIKANTA MISHRA

ORDER

11.12.2023

Order No.

Order No. 1. This matter is taken up through hybrid mode. 10.

¶15

Heard learned counsel for the appellant and learned Addl. Standing Counsel for the State.

¶16

The appellant is in custody in connection with Sahadevkhunta P.S. Case No. 364 of 2021 corresponding to Spl. Case No. 35 of 2022 pending in the Court Spl. Court (SC/ST), Balasore for the alleged commission of offence under Sections 302/120-B/34 of IPC read with Section 3(2)(v) of SC & ST (PoA) Act.

¶17

It is submitted that trial is in progress. The informant, Madan Singh has expired in the meantime. The other witnesses, namely, Sebati Biswal and Suraj Biswal has been examined as P.Ws. 1 and 2 respectively. Both of them have turned hostile. There is no other evidence to show the complicity of the appellant in the alleged occurrence. The coaccused, Sk. Ramjan has been released on bail as per the order passed by a coordinate Bench of this Court in CRLA No. 978 of 2023. The appellant stands on the same footing.

¶18

Under such circumstances, I am inclined to allow the payer for bail. Let the appellant be released on bail on such

¶19

Page 1 of 2

¶20

terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial Court on each date of posting of the case without fail.

¶21

The CRLA is accordingly disposed of.

¶22

Issue urgent certified copy as per rules.

¶23

A.K. Rana

¶24

( Sashikanta Mishra) Judge

¶25

Signature Not Verified

¶26

Digitally Signed Signed by: AJAYA KUMAR RANA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 11-Dec-2023 18:44:32

¶27

Page 2 of 2

Sk. Mamud @ Mabud @ Mabood v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sk. Mamud @ Mabud @ Mabood v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shanti Naik @ Shanti Pradhan Vs State of Odisha

Ramesh Chandra Ghadei Vs State of Odisha

Manoj Khamari Vs State of Odisha

Siba Charan Behera Vs State of Odisha

Ujal Chhatria Vs State of Odisha

Soumya Ranjan Mishra Vs State of Odisha