Muya Kabasi Vs State of Odisha — Bail and Remand | Orissa HC (2024)

Muya Kabasi Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

Petitioner released on bail in Mathili P.S. Case No.48 of 2018 / C.T. Case No.120 of 2022 on terms and conditions deemed just and proper by the Court in seisin of the case, subject to the stated conditions; urgent certified copy ordered as per rules.

Issue for consideration

Whether the Petitioner, in custody in connection with Mathili P.S. Case No.48 of 2018 / C.T. Case No.120 of 2022 (offences under Ss.147/148/302/120B/121/121-A/149 IPC read with S.25 Arms Act and Ss.16(1)(a)/18/20/22 UAP Act), should be released on bail under section 439 Cr.P.C.

Court's answer

On consideration of the submissions, materials on record, grant of bail to similarly situated co-accused and the period of detention, the Court directed that the Petitioner be released on bail in the said case on such terms and conditions as deemed just and proper by the Court in seisin of the case.

Ratio / Principle

As a condition of bail, the Petitioner shall appear in person before the Court in seisin of the case on each and every date of posting of the case till conclusion of the trial.

Key takeaways

As further conditions of bail, the Petitioner shall not leave the jurisdiction of the Court in seisin of the case and shall not indulge in any criminal activity; violation of any condition(s) shall entail cancellation of bail.ratio¶24

Detailed headnote1 paragraphs

Bail - Section 439 Cr.P.C. - Second bail application by accused in custody in Mathili P.S. Case No.48 of 2018 / C.T. Case No.120 of 2022 pending before learned Sessions Judge-cum-Special Judge, Malkangiri, for offences under Ss.147/148/302/120B/121/121-A/149 IPC read with S.25 Arms Act and Ss.16(1)(a)/18/20/22 UAP Act - Considering materials on record, surrounding circumstances, grant of bail to similarly situated co-accused and period of detention in custody, Petitioner directed to be released on bail on terms and conditions deemed just and proper - Conditions: personal appearance before trial Court on each and every date of posting till conclusion of trial; not to leave the jurisdiction of the Court in seisin of the case; not to indulge in any criminal activity - Violation of any condition to entail cancellation of bail - BLAPL disposed of; urgent certified copy ordered.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL NO.2282 OF 2023

Muya Kabasi

…. Petitioner

Mr. R.L. Pattnaik, Advocate

-versus-

State of Odisha

…. Opposite Party Mr.P.K. Mohanty, ASC.

CORAM:

MR. JUSTICE D.DASH ORDER

Order No.

02.01.2024

The matter is taken up through hybrid arrangement (virtual/physical) mode.

This is the second journey of the Petitioner, who is in custody in connection with Mathili P.S. Case No.48 of 2018 corresponding to C.T. Case No.120 of 2022 pending on the file of learned Sessions Judge-cum-Special Judge, Malkangiri, running for commission of offence under section- 147/148/302/120B/121/121-A/149 of the IPC read with section-25 of the Arms Act and section-16(1)(a)/18/20/22 of the UAP Act, has filed this application under section-439 of the Cr.P.C. for grant of bail to the Petitioner in the above mentioned case.

Heard learned Counsel for the Petitioner and learned Counsel for the State.

Taking into account the submissions made and on going through the materials as placed; further keeping in view the materials on record with other surrounding circumstances including the factum of grant of bail to the co-accused person/s similarly situated with the Petitioner, and the period of detention of the Petitioner in custody; while being inclined to reconsider the

prayer for grant bail to the Petitioner in the aforesaid case, it is directed that the Petitioner be released on bail on such terms and

Page 1 of 2

// 2 //

conditions as deemed just and proper by the Court in seisin of the case with further conditions that:-

Petitioner will appear in person before the Court in seisin of the case on each and every date of posting of the case till conclusion of the trial;

will not leave the jurisdiction of the Court in seisin of the case; and

will not indulge themselves in any criminal activity.

Violation of any of the condition(s) shall entail cancellation

of bail.

The BLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
(D. Dash),
Judge.

Narayan

Signature Not Verified

Digitally Signed Signed by: NARAYAN HO Reason: Authentication Location: OHC Date: 04-Jan-2024 12:57:37

Page 2 of 2