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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 :
G. Satapathy, J.
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.
2. These are six bail applications U/S.483 of Bharatiya Nagarik Suraksha Sanhita (in short, “ BNS S ”) by the petitioners for grant of bail in connection with K. Nuagaon PS Case No.252 of 2024 corresponding to ST Case No. 467 of 2024 (GR Case No.383 of 2024) being charge sheeted for commission of offences punishable U/Ss.61(2)/110/274/123/275/103(1)/118/3(5) of r/w Sections 52 (a)/59/62 of the Odisha Excise Act, 2008 pending in the file of learned 1st Additional Sessions Judge, Berhmapur, Ganjam and learned JMFC, Patrapur (BLAPL Nos. 9883 & 9885 of 2024) respectively.
3. The present case arises out of an FIR lodged by SI Ranjit
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.
In murder cases, prolonged pre-trial detention and trial delays do not warrant bail if prima facie involvement exists, offence gravity high, tampering risk present, and custody serves justice.
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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