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2025 DAILYLAW 94 (ORI)

LACHIM KIRSANI v. STATE OF ODISHA

BLAPL/11469/2025 · 2026-01-13

Gourishankar Satapathy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11469 of 2025 Lachim Kirsani … Petitioner Mr. P.K. Nanda, Advocate -versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 13.01.2026 02. 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 Mudulipada PS Case No.34 of 2016 corresponding to CT Case No.90 of 2023 (GR Case No.341 of 2016) pending in the file of learned Sessions Judge, Malkangiri, for commission of offences punishable U/Ss.302/448/323 of IPC, on the main allegation of committing murder of the deceased Gurubari Sisa. 3. Heard, Mr. Prasanta Kumar Nanda, learned counsel for the petitioner and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record including the certified copy of depositions of PWs.1 to 3 as produced. 4. Admittedly, the FIR was registered on 22.08.2016, but charge-sheet was submitted on 06.07.2018 by showing the petitioner as an absconder, p. 2 however, the petitioner was apprehended with much difficulty on 09.05.2023. The paramount consideration in granting bail is securing attendance of the accused at the trial, but in this case, the abscondance of the accused-petitioner has itself does not justify his release on bail. In that view of the matter and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the allegation sought to be brought against him and regard being had to the materials placed on record keeping in view the evidence of the witnesses, this Court is not inclined to grant bail to the petitioner. 5. Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. A copy of this order be immediately transmitted to the learned Court in seisin over the matter for reference. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer