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2025 DAILYLAW 41998 (ORI)

LABA SABAR v. STATE OF ODISHA

BLAPL/6969/2025 · 2025-07-23

Gourishankar Satapathy

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.6969 of 2025 Laba Sabar … Petitioner Mr. P. Panigrahi, Advocate -versus- State of Odisha … Opposite Party Mr. M.K. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 23.07.2025 01. 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 Banpur PS Case No.95 of 2024 corresponding to GR Case No.137 of 2024 pending in the file of learned JMFC, Banpur, for commission of offences punishable U/S.395 of IPC, on the allegation of committing dacoity from the staff of the Annapurna Finance Pvt. Ltd., including the informant by taking away Rs.7,52,250/-. 3. Heard, Mr. Panchanan Panigrahi, learned counsel for the petitioner and Mr. M.K. Mohanty, learned Additional Public Prosecutor in the present matter and perused the record. 4. Admittedly, the FIR has been lodged against unknown persons and the petitioner has not been identified nor any TI parade was conducted in this case to indentify the suspects. Moreover, co-accused Madhu Tanti @ Madhusudan Behera in BLAPL No.2147 of 2025, Chandan @ Santanu Tarini in BLAPL No.3677 of 2024, Niranjan Sabar in BLAPL No.3445 of 2024 and Pravakar Muduli in BLAPL No.4000 of 2024 have already been granted bail. 5. In view of the above facts and 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 mode and manner of implication of the present petitioner in this case and taking into account the pre trial detention of the petitioner in custody since 21.01.2025, this Court without expressing any view on merits admits the petitioner to bail. 6. 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 with following conditions:- (i) the petitioner shall not commit any offence while on bail, (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 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.269 of BNS, 2023 in accordance with law, (iii) the petitioner shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating his present address of stay to the concerned Court, (iv) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on a Sunday in each month in between 10 A.M. to 12 Noon for three(03) months from the actual date of his release from the custody. The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. 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 for similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case. 7. Accordingly, the BLAPL stands disposed of. 8. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer