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2025 DAILYLAW 3243 (ORI)

PALA KABASI @ KOLA v. STATE OF ODISHA

BLAPL/13095/2025 · 2026-04-29

Gourishankar Satapathy

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13095 of 2025 Pala Kabasi @ Kola … Petitioner Mr. R.L. Pattnaik, Advocate -versus- State of Odisha … Opposite Party Mr. S.C. Pradhan, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) : 29.04.2026 02. 1. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Malkangiri P.S. Case No. 380 of 2020 corresponding to C.T. Case No. 01 of 2022 pending in the file of learned Sessions Judge, Malkangiri, for commission of offences punishable U/S. 302 of IPC, on the main allegation of committing murder of one Deba Kabasi by stabbing him. 2. Heard, Mr. Rajib Lochan Pattnaik, learned counsel for the petitioner and Mr. S.C. Pradhan, learned Addl. PP in the matter and perused the record together with the certified copy of deposition of PWs.1 to 7. 3. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 22.10.2020 together with the deposition of the witnesses so far examined, who have not substantially testified against the petitioner and taking into account the other circumstances on record in entirety including non-conclusion of trial even after more than five and half years of custody of the petitioner and keeping in view the inherent right of the accused to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merit, admits the petitioner to bail. 4. 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 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. 5. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference. (G. Satapathy) Judge S.Sasmal Designation: Jr. Stenographer