The Bail and Appeal Petition was filed by Sukra Kabasi and others, in custody since over three and a half years, charged under Sections 302 and 201 of the IPC for the murder of Samaru Madkami and body burial. The Court dismissed the bail prayer, noting the gravity of accused and stringent punishment provisions.
Bail prayer rejected and BLAPL dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1757 of 2024
Sukra Kabasi & Ors. …. Petitioners Represented By Adv. Mr. K. C.Dash -versus-
…. State of Odisha Opposite Parties Represented By ASC Mr. I. Mohanty
CORAM: DR.JUSTICE S.K. PANIGRAHI
| Or | der | ORDER | ||
|---|---|---|---|---|
| No | .3 | 01.05.2024 | ||
| F.I.R . No. |
Dated | Police Station |
Case No. and Courts’ Name |
Sections |
| 0180 | 05.06.2020 | Malkangiri | G.R. Case No.398 of 2020 arising out of Malkangiri P.S. Case No.180 of 2020 pending in the Court of learned S.D.J.M., Malkangiri |
Section 302/201 of I.P.C. |
1 . This matter is taken up through hybrid arrangement.
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2 . Heard learned counsel for the petitioners and learned counsel for the State.
3 . The petitioners are being in custody in connection with G.R Case No.398 of 2020 arising out of Malkangiri P.S. Case No.180 of 2020 pending in the Court of learned learned S.D.J.M., Malkangiri registered for the alleged commission of offence under Section 302/201 of I.P.C. has filed this petition for his release on bail.
4 . The prosecution case, in brief, is that on 04.06.2020 at about 11 PM, the Petitioners took the informant’s cousin brother Samaru Madkami (‘Deceased’) to jungle for holding a meeting, however, he managed to escape and flee. It is alleged that the accused persons were holding weapons and threatened to kill him. On suspicion, the Informant lodged an FIR in the police station. Based upon his report, the police launched investigation and reported that the deceased has been killed inside the jungle and buried under a tamarind tree. Accordingly, the police recovered the dead body, arrested the accused persons and forwarded them to Court on 07.06.2020.
5 . Learned counsel for the petitioners submits that the petitioner has been falsely implicated in the case and the
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petitioners are in custody for more than three and half years.
6 . Learned counsel for the State vehemently opposes the bail prayer of the petitioners.
7. Considering the nature of gravity of the accusation, character of evidence appearing against the petitioners, the stringent punishment provided and that there are reasonable grounds for believing that the petitioners are not guilty of the offence alleged or not likely to commit any such offence, which is not possible to record in this case, the prayer for bail is devoid of merit. Hence, the prayer for bail stands rejected.
8. Accordingly, the BLAPL is dismissed.
9. Issue urgent certified copy of the order pas per Rules.
(Dr. S.K. Panigrahi) Judge
Sumitra
Signature Not Verified
Digitally Signed Signed by: SUMITRA NAYAK Designation: Jr. Stenographer Reason: Authentication Location: High Court of Odisha, Cuttack Date: 02-May-2024 18:01:42
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1 issue framed by the court
Whether bail should be granted to the accused persons charged with offences under Section 302/201 of the Indian Penal Code in G.R. Case No.398 of 2020.
2 provisions across 2 enactments
Sukra Kabasi & Ors.
State of Odisha
S.K. PANIGRAHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
