Suresh Sahu Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2025)

Suresh Sahu Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2025)

What the court decided

AI extract

Outcome

Petitioner admitted to bail on furnishing bail bonds of Rs.25,000/- with two solvent sureties each for the like amount, subject to conditions (no fresh offence while on bail; attendance on every trial date, default attracting proceeding U/S.229-A IPC; no departure from the trial Court's territorial jurisdiction without prior permission); the trial Court retains liberty to cancel bail on violation of conditions; BLAPL disposed of.

Issue for consideration

Whether the Petitioner should be admitted to bail under S.483 BNSS in connection with Balasore GRPS P.S. Case No. 50 of 2024 / C.T. Case No.293 of 2024 (offences punishable U/Ss 302/34 of IPC, murder of the deceased A.Rabi) pending before the Designated Court under OPID Act, Balasore.

Court's answer

Taking into account the nature and gravity of the offence alleged, the accusations against the Petitioner, his pre-trial detention since 08.06.2024, the alleged transaction in which the deceased died, the mode and manner of his implication, the principle that “bail is the rule, but jail is the exception”, and the release of co-accused Rabi Narayan Behera and another on bail in BLAPL No. 8032 of 2024, this Court, without expressing any view on merits, admits the Petitioner to bail.

Ratio / Principle

The bail application stands allowed; the Petitioner is permitted to go on bail on furnishing bail bonds of Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case, on such terms and conditions as it deems fit and proper.

Key takeaways

Bail condition (i): the Petitioner shall not commit any offence while on bail.ratio¶22
Bail condition (ii): the Petitioner shall attend the trial Court on each date of posting during trial without fail unless his attendance is dispensed with.ratio¶23
If the Petitioner fails without sufficient cause to appear in Court in accordance with the terms of the bail, the learned trial Court may proceed against him for offence U/S.229-A of IPC in accordance with law.ratio

Detailed headnote1 paragraphs

Bail granted – S.483 BNSS application in OPID Act designated-court murder case (Ss.302/34 IPC, murder of deceased A.Rabi): Justice G. Satapathy of the Orissa High Court admitted Suresh Sahu to bail without expressing any view on merits, having regard to the nature and gravity of the accusation, his pre-trial custody since 08.06.2024, the alleged transaction and the manner of his implication, the principle “bail is the rule, but jail is the exception”, and parity with co-accused Rabi Narayan Behera and another already released on bail in BLAPL No. 8032 of 2024. Bail was fixed at Rs.25,000/- with two like sureties, subject to conditions: (i) no commission of any offence while on bail; (ii) attendance at the trial Court on each date of posting, failure without sufficient cause exposing him to proceeding U/S.229-A IPC; and (iii) no departure from the trial Court's territorial jurisdiction without prior permission, with address intimation. The trial Court may cancel bail for violation of conditions without further reference, and future involvement in a grave/similar offence on prima facie accusations may be treated as a ground for cancellation.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7944 of 2024

Suresh Sahu

Petitioner

Mr. J. Mohapatra, Advocate

-versus-

State of Odisha

… Opposite Party

Mr. A.K. Apat, Addl. PP

CORAM: JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No.

03.

20.01.2025

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

This is a bail application U/S.483 of BNSS by the Petitioner for grant of bail in connection with Balasore GRPS P.S. Case No. 50 of 2024 corresponding to C.T. Case No.293 of 2024 pending in the file of learned Addl. Sessions Judge-cum-PO Designated Court under OPID Act, Balasore for commission of offences punishable U/Ss 302/34 of IPC, on the allegation of committing murder of the deceased A.Rabi.

Heard, Mr. Jayakrishna Mohapatra, learned counsel for the Petitioner and Mr. B.P. Nayak, learned Addl. Public Prosecutor in the matter and perused the record.

After having considered the rival submissions and taking into account the nature and gravity of offence as alleged against the Petitioner vis-à-vis the accusations sought to be brought against him and

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regard being had to the pre trial detention of the Petitioner in custody since 08.06.2024 and taking into account the alleged transaction in which the deceased died and the mode and manner of implication of the present Petitioner and keeping in view the well recognized principle “bail is the rule, but jail is the exception” and release of co-accused Rabi Narayan Behera and another on bail in BLAPL No. 8032 of 2024, this Court without expressing any view on merits admits the Petitioner to bail.

Hence, the bail application of the Petitioner stands allowed and he is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) only with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(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 territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating his present address of stay to the concerned Court.

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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, the subsequent involvement of the petitioner in future for grave/similar offence on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

Priyajit

Signature Not Verified

Digitally Signed Signed by: PRIYAJIT SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 21-Jan-2025 19:02:06

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