Prasanta Bhuinya @ Prasanta Bhuyan Vs State of… — Murder and Culpable Homicide | Orissa HC (2025)

Prasanta Bhuinya @ Prasanta Bhuyan Vs State of… — Murder and Culpable Homicide | Orissa HC (2025)

What the court decided

AI extract

Outcome

Bail granted 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 terms and conditions deemed fit by that Court, including attendance at the trial Court on each date of posting; default without sufficient cause may attract proceedings under S.269 BNS, 2023.

Issue for consideration

Whether the petitioner, in custody since 06.02.2019 with the trial yet unconcluded (11 witnesses examined, 9 remaining), is entitled to bail under Section 483 BNSS in view of the right to speedy trial as a fundamental right of an accused.

Court's answer

The right to speedy trial is the fundamental right of an accused; considering the petitioner's long custody without completion of trial, the Court admitted him to bail expressly without expressing any view on merits.

Ratio / Principle

Bail granted: the petitioner is to furnish bail bonds of Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Court in seisin of the case, subject to the condition of attending the trial Court on each date of posting; failure to appear without sufficient cause may result in proceedings against him under Section 269 of BNS, 2023.

Detailed headnote1 paragraphs

Bail — Second bail application under S.483 BNSS (BLAPL No.8330 of 2025, decided 30.10.2025) — Accused in custody since 06.02.2019 for offences under Ss.417/493/302/201 IPC (murder of one Suki Gamango) in Bamunigaon PS Case No.09 of 2019 / ST Case No.63 of 2019 (CT Case No.19 of 2019) pending before the learned Additional District and Sessions Judge, Balliguda — Trial unconcluded, only 11 of 20 witnesses examined per trial Court report — Right to speedy trial held to be the fundamental right of an accused — Long custody without completion of trial — Bail granted without expressing any view on merits — Bail bond of Rs.25,000/- with two solvent sureties each for the like amount — Condition: attendance at trial Court on each date of posting; default without sufficient cause may attract proceedings under S.269 BNS, 2023 — (Justice G. Satapathy).

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.8330 of 2025

Prasanta Bhuinya @ … Prasanta Bhuyan

Petitioner

Mr. M. Das, Advocate

-versus-

State of Odisha

… Opposite Party Mr. M.K. Mohanty, Addl. PP

CORAM: JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No.

02.

30.10.2025

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

This is the 2^nd bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Bamunigaon PS Case No.09 of 2019 arising out of ST Case No.63 of 2019 (CT Case No.19 of 2019) pending in the Court of learned Additional District and Sessions Judge, Balliguda, for commission of offences punishable U/Ss.417/493/302/201 of IPC, on the main allegation of committing murder of one Suki Gamango. 3. Heard, Mr. Mahes Das, learned counsel for the petitioner and Mr. M.K. Mohanty, learned Additional Public Prosecutor in the matter and perused the record. 4. It is stated that the petitioner is in custody since 06.02.2019, but trial is yet to be concluded and only 11 witnesses have been examined and there are 9 more witnesses remaining to be examined as per the report submitted by the learned trial Court. In this

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situation, this Court feels that the trial would take some more time, but right to speedy trial is the fundamental right of an accused. In such view of the matter and taking into account the long custody of the petitioner without completion of trial, this Court without expressing any view on merits admits the petitioner to bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) 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 condition:-

(i) 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.269 of BNS, 2023 in accordance with law.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

(G. Satapathy) Judge

Signature Not Verified Subhasmita

Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 31-Oct-2025 11:16:55

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