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2025 DAILYLAW 2675 (ORI)

MUKUNDA PADIAMI v. STATE OF ODISHA

BLAPL/11744/2025 · 2026-01-13

Gourishankar Satapathy

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11744 of 2025 Mukunda Padiami … Petitioner Mr. J.K. Panda, Advocate -versus- State of Orissa … Opposite Party Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 13.01.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Malkangiri PS Case No.37 of 2024 corresponding to GR Case No.49 of 2024 arising out of CT Case No.47 of 2024 pending in the file of learned Addl. Sessions Judge, Malkangiri for commission of offences punishable U/Ss.450/302/120- B/201/34 of IPC, on the main allegation of committing murder of one Lakhma Kawasi by assaulting him with a blade, along with co-accused persons. 3. Heard, Mr. Jugal Kishore Panda, learned counsel for the petitioner and Mr. M.R. Patra, learned Addl. Public Prosecutor in the matter and perused the record including the copy of depositions of PWs.1 to 6. 4. Admittedly FIR has been registered against unknown persons, but one of the item of the evidence against the petitioner under which he is implicated in this case is recovery of blade pursuant to his confession, however, the witness to recovery namely Kanhu Madkami has not supported the prosecution allegation against the petitioner. In the aforesaid facts and circumstances and after having considered the rival submission and taking into consideration the nature and gravity of the offence as alleged against the present petitioner vis-à-vis the accusation sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 11.01.2024 with examination of material witnesses in the meantime and taking into account the other circumstances on record in entirety including the inherent right of the accused to be presumed innocent until proven guilty at the trial and keeping in view grant of bail to co-accused person Bhima Madkami by this Court in BLAPL No.7144 of 2025, this Court without expressing any view on merit admits the petitioner to bail. 5. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty 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. 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Jayakrushna