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2025 DAILYLAW 59666 (ORI)

SIMANCHALA SAHU @ SIMA v. STATE OF ODISHA

BLAPL/10212/2024 · 2025-03-13

Gourishankar Satapathy

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK Simanchala Sahu @ Sima (In BLAPL No.10212 of 2024) Biswanath Sahu @ Biren (In BLAPL No.12437 of 2024) … Petitioners Mr. M.K. Chand, Advocate (in BLAPL No.10212 of 2024) Mr. B.P. Panda, Advocate (in BLAPL No.12437 of 2024) -versus- State of Orissa … Opposite Party Mr. S.K. Rout, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 13.03.2025 03. 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 bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Gosaninuagaon PS Case No.310 of 2023 corresponding to ST Case No.98 of 2024 pending in the file of learned 1st Additional Sessions Judge, Berhampur, for commission of offences punishable under Sections 302/449/120-B/34 of IPC, on the allegation of committing murder of one lady in her house. 4. Heard, Mr. Manas Kumar Chand, learned counsel for the petitioner in BLAPL No.10212 of 2024, Mr. Beda Prakash Panda, learned counsel for the petitioner in BLAPL No.12437 of 2024 and Mr. S.K. Rout, learned Additional Public Prosecutor in the matter and perused the record including the evidence on record as produced by the learned counsel for the petitioners. 5. After having considered the rival submissions and taking into consideration the nature and gravity of offences as alleged against the petitioners vis-à-vis the accusations sought to be brought against them and regard being had to the specific allegation against the petitioners keeping in view the evidence on record, this Court is not inclined to grant bail to either of the petitioners at this stage, especially when the trial is going on in view of the decision of the Apex Court in X Vrs. State of Rajasthan and another [Special Leave Petition(Criminal) No. 13378 of 2024] disposed of on 27.11.2024. Hence, the bail applications of the petitioners Simanchala Sahu @ Sima and Biswanath Sahu @ Biren stand rejected. Accordingly, BLAPL Nos.10212 and 12437 of 2024 stand disposed of. 6. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer