Orissa High Court
Bhaskar Biswal vs State Of Odisha on 1 May, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1097 of 2024
Bhaskar Biswal .... Appellant/
Petitioner
Mr. Deepankar Panigrahy,
Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Jateswar Nayak,
Addl. Government Advocate
Mr. Ashok Das, Advocate for the
informant
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S.S. MISHRA
ORDER
Order No. 01.05.2025
I.A. No.2765 of 2024
05. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This is an application under Section 389 of Cr.P.C. for grant of bail.
Heard Mr. Deepankar Panigrahy, learned counsel for the appellant appearing through Virtual High Court, Koraput at Jeypore, Mr. Jateswar Nayak, Page 1 of 4 learned Additional Government Advocate and Mr. Ashok Das, learned counsel for the informant.
The appellant-petitioner has been convicted under sections 302/201 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo further R.I. for a period of six months for the offence under section 302 of the Indian Penal Code and R.I. for a period of five years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo further R.I. for a period of three months for the offence under section 201 of the Indian Penal Code and both the sentences were directed to run concurrently by the learned Additional Sessions Judge, Paralakhemundi in S.T. Case No.36 of 2020.
Perused the impugned judgment.
Learned counsel for the petitioner submits that the petitioner was taken into judicial custody on 09.02.2020 and during trial, he was granted bail and after the impugned judgment was passed, he has been taken into judicial custody and he has remained in custody for three years and four months. Learned counsel further submits that initially the F.I.R. was registered under sections 279/304-A of the Indian Penal Code against unknown person by the father of Page 2 of 4 the deceased Kalidas Pradhan and there are no eye witnesses to the occurrence and the main circumstance available against the petitioner is the extra judicial confession in a village meeting. Learned counsel further submits that the prosecution has also not proved any clinching motive on the part of the petitioner to kill the deceased and therefore, there are good chances of success in the appeal and balance of convenience is in favour of the petitioner and since there is no likelihood of the appeal being taken up for hearing in the near future, the bail application of the petitioner may be favourably considered.
Learned counsel for the State opposed the prayer for bail.
Learned counsel for the informant placed the evidence of P.W.1 and P.W.2. It appears that P.W.2 has not supported the prosecution case and P.W.1 has stated about the confession made by the petitioner in a village meeting. He also placed the evidence of P.W.5 and submits that the material available on record indicates that after the post mortem was conducted, the dead body was disposed of hurriedly at the instance of the petitioner.
Considering the submissions made by the learned counsel for the respective parties, the nature of evidence available on record, absence of any direct Page 3 of 4 evidence, nature of circumstantial evidence on record, the fact that the petitioner was on bail during trial and absence of any chance of early hearing of the appeal in the near future, we are inclined to release the petitioner on bail.
Let the appellant-petitioner be released on bail pending disposal of the appeal on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with one local solvent surety for the like amount to the satisfaction of the learned trial Court subject to condition that he shall not indulge in any criminal activities in any manner.
Violation of any terms and conditions shall entail cancellation of bail.
Accordingly, the I.A. is disposed of. Urgent certified copy of this order be granted as per rules.
( S.K. Sahoo) Judge ( S.S. Mishra) Judge RKM Signature Not Verified Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 05-May-2025 13:54:50 Page 4 of 4