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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Pabana @ Prabhakar Sahu @ Pabana Sahu – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. overview of bail applications and case details. (Para 1 , 2 , 3) |
| 2. arguments presented by the petitioners and prosecution. (Para 4) |
| 3. judicial discretion and considerations for bail. (Para 5 , 6 , 7) |
| 4. decision on granting bail based on facts. (Para 8) |
| 5. final verdict and disposal of bail applications. (Para 9 , 10 , 11) |
JUDGMENT :
1. Since these six bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.
3. The present case arises out of an FIR lodged by SI Ranjit Mohapatro of K.Nuagaon PS on 20.08.2024 at 2AM that on 9.30PM on 19.08.2024 he received information from the local source that around 15 and some more persons of village Jenapur, Maundapur & Karabalua have been admitted to CHC, Chikiti and undergoing treatment for consumption of spurious liquor and on enquiry, he found Pradeep Behera, Kalu Sethy, Bulu Sethy, Siba Sethy, Dayanidhi Sahu, Jura Behera, Kama Behera of village Jenapur and Jena Sethy of village Maundapur, Bairi Sethy, Bhubani Sethy, Khalia Sethy of village Karabalua to have consumed liquor by purchasing it from petitioner Ba
The court emphasized that serious allegations regarding selling spurious liquor leading to deaths necessitate caution in granting bail, examining prima facie evidence but refraining from detailed mer....
Point of Law : Grant of Bail - a humane attitude is required to be adopted by a judge, while dealing with an application for remanding a suspect or an accused person to police custody or judicial cus....
The court ruled that the presumption of innocence and insufficient evidence against the accused warranted bail, despite the severity of the charges, underscoring the need for bail conditions to preve....
The court upheld the principle that bail should not be denied as pre-trial punishment, emphasizing the presumption of innocence and the need for careful assessment of potential flight risk and witnes....
The court emphasized that in economic offences, especially under the PMLA, bail should not be granted unless the accused demonstrates they are not guilty and unlikely to commit further offences.
The decision emphasized the importance of considering the nature of the offence, severity of the punishment, and the likelihood of the accused interfering with the process of justice when deciding on....
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