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2025 DAILYLAW 8 (ORI)

MUNU PANDEY v. STATE OF ODISHA

CRLA/1373/2025 · 2026-02-24

Gourishankar Satapathy

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK Abhinandan Pandey (In CRLA No.1359 of 2025) Munu Pandey (In CRLA No.1373 of 2025) … Appellants Mr. M.K. Chand, Advocate (In both the CRLAs) -versus- State of Odisha and another … Respondents Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 24.02.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. These two criminal appeals in the nature of bail under Section 14-A(2) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 together with amendment Act, 2016 (in short, “the Act”) are directed against the impugned order dated 13.11.2025 passed in C.T. (Spl.) Case No.39 of 2025 by which the learned Special Judge, Jharsuguda, has refused to grant bail to the appellants in connection with Jharsuguda GRPS Case No.88 of 2025, for commission of offence punishable U/Ss. 111/126/296/115(2)/351(2)/ 109(1)/3(5) of BNS r/w Sections 25(1)(a)/25(6)/27(1) of the Arms Act and Section 3(1)(r)(s)/3(2)(v)(va) of the Act, on the main allegation of committing organized crime by attempting to the life of the informant and others with lethal weapons, along with co-accused persons in furtherance of their common intention by taking advantage of their caste. 3. Heard, Mr. Manas Kumar Chand, learned counsel for the appellants in both the CRLAs and Mr. M.R. Patra, learned Addl. PP in these matters and perused the record. None appears for the victim/informant despite being duly intimated as apprised by the learned State counsel. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the appellants vis-a-vis the accusations sought to be brought against them and regard being had to the pre-trial detention of the appellants in custody since 26.09.2025 with submission of charge sheet in the meantime and there being no injury sustained by any of the aggrieved persons 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 grant of bail to co-accused Aman Tiwari and another in CRLA No. 1193 of 2025, this Court without expressing any view on merit, considers it proper to admit each of the appellants to bail. 5. Hence, these two CRLAs stand allowed and the impugned order is, hereby, quashed/set aside. Consequently, the appellants namely Abhinandan Pandey (CRLA No. 1359 of 2025) and Munu Pandey (CRLA No. 1373 of 2025) are directed to be released on bail on such terms and conditions as deem fit and proper by the learned Court in seisin over the matter. 6. 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