Maheswar Mahanta Vs State of Odisha

This is the 2^nd bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Joda P.S. Case No.229 of 2023 corresponding to S.T. Case No.02 of 2024 pending in the file of learned Addl. Sessions Judge, Champua for commission of offence punishable Under Section 302 of IPC, on the allegation of committing murder of one Damayanti Mahanta by giving blows by means of a Spade on her head.

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Mr. Alok Kumar Panda, learned counsel for the petitioner apprises this Court that this is the 2^nd bail application of the petitioner, but no bail application of the petitioner is pending before any other forum except this one.

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Heard, Mr. Alok Kumar Panda, learned counsel for the petitioner and Mr. A.K. Apat, learned Addl. Public Prosecutor in the matter and perused the record.

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After having considered the rival submissions and on going through the materials placed on record including the copy of deposition of the witnesses P.Ws.1 to 13 as examined till today and regard being had to the opinion of the doctor as to the cause of death of the deceased and keeping in view the mode and manner of the implication of the petitioner and taking into account the fact of prior land dispute between the parties and keeping in view the long custody of the petitioner, this Court without expressing any view on merits of the case, admits the petitioner to bail.

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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) only with one solvent surety 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:-

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(i) the petitioner shall not commit any offence while on bail,

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(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

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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.

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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 any grave/similar offence on prima facie accusations may be treated as a ground for cancellation of bail in this case.

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Accordingly, the BLAPL stands disposed of. 8. Issue urgent certified copy of the order as per Rules.

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(G. Satapathy) Judge

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S. Sasmal

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Signature Not Verified

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Digitally Signed Signed by: SUBHASMITA SASMAL Reason: Authentication Location: High Court of Orissa Date: 07-Jan-2025 16:59:58

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Maheswar Mahanta v. State of Odisha

Case brief

What is this about?

What did the court decide?

Maheswar Mahanta v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Statutes considered

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Coram

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