Disposed¶24

Nabakishore Mahakud v. State of Odisha

Orissa HC13 May 2024BLAPL/838/2024

Case brief

AI extract

What is this about?

Orissa High Court Cuttack; BLAPL No.838 of 2024; Nabakishore Mahakud v. State of Odisha; Justice Sashikanta Mishra; order dated 13.5.2024; interim bail two months; custody since 27.02.2022; material witnesses examined and implicated petitioner; trial progressing slowly; S.T. Case No.46/2022; Nayakote P.S. Case No.12/2022; surrender after expiry; warrant for production; BLAPL disposed of.

What did the court decide?

Interim bail granted to the Petitioner for a period of two months from the date of his actual release, on terms and conditions to be fixed by the court in seisin over S.T. Case No.46/2022, including non-misuse of liberty; Petitioner to surrender at the end of the period, failing which a warrant may be issued. ¶24

Nabakishore Mahakud Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶24

Issue for consideration

Whether the Petitioner — in custody for more than one and a half years, with all three material witnesses already examined and having implicated him, and with the trial progressing slowly — should be granted interim bail.

¶22

Court's answer

The Court directs that the Petitioner shall be released on interim bail for a period of two months from the date of his actual release, on such terms and conditions as may be fixed by the court in seisin over the matter in S.T. Case No.46/2022 arising out of Nayakote P.S. Case No.12/2022, including the condition that he shall not misuse the liberty granted to him.

¶22

Ratio / Principle

After expiry of the two-month period, the Petitioner shall surrender before the court in seisin over the matter, failing which an appropriate warrant may be issued for his production.

¶23

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Sashikanta Mishra, J., single-judge bench), BLAPL No.838 of 2024, order dated 13.5.2024 — Nabakishore Mahakud v. State of Odisha. The Petitioner's earlier bail application had been permitted to be withdrawn; the present application was filed because all three material witnesses had since been examined and had implicated the Petitioner, who has been in custody since 27th February, 2022, while the trial in S.T. Case No.46/2022 (arising out of Nayakote P.S. Case No.12/2022) was said to be progressing slowly. Taking a lenient view on account of the witnesses having been examined and the Petitioner having spent more than one and a half years in custody, the Court disposed of the BLAPL by directing release on interim bail for two months from the date of actual release on terms and conditions to be fixed by the court in seisin (including non-misuse of liberty), with surrender at the end of the period failing which an appropriate warrant may issue for his production.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

BLAPL No.838 of 2024

¶3

Nabakishore Mahakud

¶4

…. Petitioner

¶5

Represented by Mr. A. Mishra, Advocate

¶6

-versus-

¶7

State of Odisha …. Opposite Party

¶8

Represented by Addl. Standing Counsel

¶9

CORAM:

¶10

JUSTICE SASHIKANTA MISHRA

ORDER

13.5.2024

Order No.

This matter is taken up through hybrid mode.

¶16

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

¶17

The Petitioner’s earlier bail application was permitted to be withdrawn.

¶18

The present application has been filed as in the meantime the material witnesses have been examined as witnesses. As it appears all the three have implicated the Petitioner in the occurrence describing his role in varying degrees. The

¶19

Page 1 of 2

¶20

// 2 //

¶21

Petitioner is in custody since 27^th February, 2022. It is submitted that the trial is progressing slowly.

¶22

Taking into consideration all the above facts and the fact that the material witnesses have already been examined and the Petitioners have in the meantime spent more than one and half years in custody, I am inclined to take a lenient view in the matter. This Court directs that the Petitioner shall be released on interim bail for a period of two months from the date of his actual release on such terms and conditions as may be fixed by the Court in seisin over the matter in S.T. Case No.46/2022 arising out of Nayakote P.S. Case No.12/2022 including the condition that he shall not misuse the liberty granted to him.

¶23

After expiry of the aforesaid period of two months, the Petitioner shall surrender before the court in seisin over the matter, failing which appropriate warrant may be issued for his production.

¶24

The BLAPL. is disposed of.

¶25

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

¶26

(Sashikanta Mishra) AKB Judge Signature Not Verified

¶27

Digitally Signed Signed by: ASHOK KUMAR BEHERA Designation: Addl. Deputy Registrar-cum-Addl. Principal Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 14-May-2024 14:10:45

¶28

Page 2 of 2

Nabakishore Mahakud v. State of Odisha

Case brief

What is this about?

What did the court decide?

Nabakishore Mahakud v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Smt.Kasturi Das Vs Ouat

Jawaharlal Mohanta Vs State and Ors.

Dr.Banamali Mohanty Vs State and Ors.

Ajay Raita Vs State of Odisha

Kadambari Lenka Vs State

Sudhansu Sekhar Nayak Vs State of Odisha