Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 4686 (ORI)

SANTOSH SETHI @ SIDHU v. STATE OF ODISHA

BLAPL/13648/2025 · 2026-01-28

Gourishankar Satapathy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK Santosh Sethi @ Sidhu (In BLAPL No.13648 of 2025) Amzad Khan (In BLAPL No. 13030 of 2025) … Petitioners Mr. K.C. Sarangi, Advocate (In BLAPL No. 13648 of 2025) Mr. M.K. Chand, Advocate (In BLAPL No. 13030 of 2025) -versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP Mrs. A. R. Panda, Advocate(Informant) JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 28.01.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these two 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. These are the 3rd & 4th bail applications U/S.483 of BNSS by the petitioner-Santosh Sethi @ Sidhu in BLAPL No. 13648 of 2025 & petitioner-Amzad Khan in BLAPL No. 13030 of 2025 respectively for grant of bail in connection with ST Case No. 24 of 2024 arising out of Khurda Model PS Case No. 351 of 2023 pending in the file of learned 2nd Addl. Sessions Judge, Khurda for commission of offences punishable U/Ss. 294/302/307/506/120-B/34 of IPC r/w Sections 25/27 of the Arms Act, on the main allegation of committing murder of one Somanath Bhujabala @ Paku by firing at him from pistols, along with co-accused persons. 4. Heard, Mr. Kedar Chandra Sarangi, learned counsel for the Petitioner in BLAPL No. 13648 of 2025; Mr. Manas Kumar Chand, learned counsel for the Petitioner in BLAPL No. 13030 of 2025; Mrs. Anita Rani Panda, learned counsel for the Informant and Mr. P. Satpathy, learned Addl. PP in the matter and perused the record including the copy of depositions of PW1 to PW20. 5. After having considered the rival submissions upon perusal of record, there appears allegation against the Petitioners for committing murder of the deceased by firing at him, but none of these witnesses examined so far has uttered the name of the Petitioner-Amzad Khan in the crime, whereas some of the witnesses have taken the name of the Petitioner-Santosh Sethi @ Sidhu. Additionally, the Doctor while conducting the Post Mortem has found punctured lacerated wound on the abdominal cavity of the deceased and further, opined that external injury no. II is consistent with entry wound of fire arm projectile. In view of the aforesaid facts and taking into consideration the nature and gravity of the offences as alleged against the petitioners vis-a-vis the accusations sought to be brought against them and regard being had to the pre- trial detention of the petitioner-Amzad Khan in custody for near about 2 years and 5 months, but taking into account the evidence of material witness like PW15 together with the identification of the Petitioner- Santosh Sethi @ Sidhu by PW15 in TI parade and keeping in view the other circumstances on record in entirety, this Court while not being inclined to grant bail to the petitioner Santosh Sethi @ Sidhu in BLAPL No. 13648 of 2025, considers it proper to admit the petitioner Amzad Khan to bail. 6. Hence, the bail application of petitioner- Santosh Sethi @ Sidhu in BLAPL No. 13648 of 2025 stands rejected, whereas the bail application of the petitioner namely Amzad Khan in BLAPL No. 13030 of 2025 is allowed and he is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) 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 condition:- (i) 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 Petitioners for offence U/S.269 of BNS,2023 in accordance with law. 7. Accordingly, these BLAPL Nos. 13648 and 13030 of 2025 stand disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Priyajit