The High Court allowed the bail application of the petitioner, accusing him of uxoricide under Ss. 498-A/302/506 IPC, permitting release upon furnishing a bond of Rs. 50,000 with one surety.
Petitioner admitted to bail on furnishing a bail bond of Rs. 50,000 with one solvent surety for the like amount.
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.6696 of 2023
Lakhai @ Lakhay @ Lakhaya … Kisku @ Kanda Kisku
Petitioner
Mr. P.C. Jena, Advocate
-versus-
State of Odisha
… Opposite Party Mr. S.S. Kanungo, AGA
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL) 15.02.2024
Order No.
08.
Arrangement (Virtual/Physical Mode).
Page 1 of 3
and regard being had to the pre trial detention of the petitioner in custody since 04.11.2022 and taking into consideration the other circumstance on record in entirety, this Court admits the petitioner to bail.
(i) the petitioner shall not commit any offence while on bail,
(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law and
(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving his present address of stay.
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. In the wake of aforesaid,
Page 2 of 3
the subsequent involvement of the petitioner in future for grave/similar type of offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.
(G. Satapathy)
Judge
Subhasmita
Signature Not Verified
Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 16-Feb-2024 15:40:06
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1 issue framed by the court
Whether the petitioner is eligible for bail in a case involving offences of uxoricide under Ss. 498-A/302/506 IPC.
2 provisions across 2 enactments
Lakhai @ Lakhay @ Lakhaya
State of Odisha
G. SATAPATHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
