Sambaji Pradhan Vs State of Odisha — Bail and Remand | Orissa HC (2025)

Sambaji Pradhan Vs State of Odisha — Bail and Remand | Orissa HC (2025)

What the court decided

AI extract

Outcome

Petitioner directed to be released on bail in connection with G.R. Case No.1143 of 2024 corresponding to Bhanjanagar P.S. Case No.720 of 2024, subject to furnishing a bail bond of Rs.40,000/- with one solvent surety for the like amount to the satisfaction of learned S.D.J.M., Bhanjanagar, Ganjam, who shall be at liberty to impose such other suitable conditions as deemed just and proper.

Issue for consideration

Whether the petitioner, in custody since 16th August 2024 in connection with G.R. Case No.1143 of 2024 (corresponding to Bhanjanagar P.S. Case No.720 of 2024) pending before learned S.D.J.M., Bhanjanagar, Ganjam, should be released on bail under Section 483 BNSS.

Court's answer

Considering that the co-accused was already on bail by this Court's order in BLAPL No.12218 of 2024 and the petitioner had been in custody from 16th August 2024, the Court held that the petitioner should be released on bail subject to conditions extending parity.

Ratio / Principle

The petition under Section 483 BNSS stands allowed; the petitioner is directed to be released on bail in connection with G.R. Case No.1143 of 2024 corresponding to Bhanjanagar P.S. Case No.720 of 2024, on furnishing a bail bond of Rs.40,000/- with one solvent surety for the like amount to the satisfaction of learned S.D.J.M., Bhanjanagar, Ganjam, who is at liberty to impose other suitable conditions.

Detailed headnote1 paragraphs

Bail granted — Section 483 BNSS — parity with co-accused. Petitioner Sambaji Pradhan, in custody since 16th August 2024 in G.R. Case No.1143 of 2024 (corresponding to Bhanjanagar P.S. Case No.720 of 2024) pending before learned S.D.J.M., Bhanjanagar, Ganjam; chargesheet filed 6th November 2024 (revealed from Court's order dated 18th December 2024); petitioner's name stated to be absent from the FIR; two other accused said to be the main assailants; co-accused already on bail by Court's order in BLAPL No.12218 of 2024. Considering the co-accused's bail and the period of custody, the High Court of Orissa at Cuttack (R.K. Pattanaik, J.) allowed the petition and ordered release on bail on furnishing a bail bond of Rs.40,000/- with one solvent surety for the like amount, leaving the S.D.J.M. at liberty to impose further suitable conditions.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.119 of 2025

Sambaji Pradhan

Petitioner

Mr. K.P. Dash, Advocate

-Versus-

State of Odisha

…. Opposite Party

Mr. P.K. Mohanty, ASC

CORAM: MR. JUSTICE R.K. PATTANAIK

ORDER

08.01.2025

Order No.

Heard learned counsel for the respective parties.

Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with G.R. Case No.1143 of 2024 pending in the file of learned S.D.J.M., Bhanjanagar, Ganjam corresponding to Bhanjanagar P.S. Case No.720 of 2024 on the grounds stated therein.

Mr. Mohanty, learned ASC for the State submits that case diary is necessary and hence, requests for an adjournment.

In course of hearing, however, learned counsel for the petitioner submits that the co-accused is on bail by Court’s order in BLAPL No.12218 of 2024. It is made to appear that two other accused persons happen to be the main assailants. The name of the petitioner, as claimed, is not mentioned in the FIR and in the meantime chargesheet has been filed on 6^th November, 2024 so revealed from the Court’s order dated 18^th December, 2024.

Considering the fact that the co-accused is already on bail by Court’s order in BLAPL No.12218 of 2024 and the detention of

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the petitioner in custody is from 16^th August, 2024, this Court is of the view that the petitioner should be released on bail subject to the following conditions extending parity.

Hence, it is ordered.

In the result, petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to be released on bail in connection with G.R. Case No.1143 of 2024 corresponding to Bhanjanagar P.S. Case No.720 of 2024 subject to him furnishing a bail bond of Rs.40,000/-(Rupees twenty thousand) with one solvent surety for the like amount to the satisfaction of learned S.D.J.M., Bhanjanagar, Ganjam, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case.

BLAPL stands disposed of.

Issue urgent certified copy as per rules.

(R.K. Pattanaik) Judge

Alok

Signature Not Verified

Digitally Signed Signed by: ALOK RANJAN SETHY Designation: Asst. Registrar-Cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT Date: 09-Jan-2025 10:41:22

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