Orissa High Court
Sona Munda vs State Of Orissa on 15 September, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No.27 of 2011
Sona Munda ..... Appellant/ Petitioner
Mr. Pulakesh Mohanty,
Advocate
-versus-
State of Orissa ..... Respondent
Mr.Aurobinda Mohanty, ASC CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO THE HON'BLE MR. JUSTICE S.S. MISHRA Order No. ORDER 15.09.2025 I.A. No. 223 of 2025
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 filed by appellant-petitioner Anadi Banchor.
The appellant-petitioner Sona Munda has been convicted under section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo rigorous imprisonment for a further period of two years by the learned Addl. Sessions Judge, Champua vide judgment and order dated 26.02.2015 passed in S.T. Case No. 122 of 2013.
As per the order dated 03.09.2025, learned counsel for the State has produced the custody certificate received from the Superintendent, District Jail, Keonjhar dated 08.09.2025 from which it reveals that the petitioner is in judicial custody for more than twelve years. He has also produced the written instruction received from the Inspector in-charge, Jhumpura police station, which indicates that there is no other criminal antecedent against the petitioner. Both the written instructions are taken on record.
Learned counsel for the petitioner submitted that in view of the period of detention of the petitioner in judicial custody and since there is no chance of early hearing of the appeal in the near future, the petitioner's bail application may be favourably considered.
Learned counsel of the State opposed the prayer for bail. He submitted that P.W.1 is an eye witness to the occurrence and his evidence indicates that the petitioner assaulted his mother by an axe on her neck and the doctor (P.W.8) has also noticed incised wound on the neck and opined that the cause of death of the deceased was due to haemorrhage and shock due to injury to carotid artery and spinal column of neck.
Considering the submissions made by the learned counsel for the respective parties and the nature of evidence on record, while not inclining to release the petitioner on bail on merit, but taking into account his period of detention in judicial custody and absence of any chance of early hearing of the appeal in the near future and keeping in view the ratio laid down in the case of Leti @ Jayadeb Roy and another -Vrs.- The State reported in (1990) 3 Orissa Criminal Reports 427, we are inclined to release the petitioner on interim bail for a period of three months from the date of release and the petitioner shall surrender before the learned trial Court immediately on expiry of the three months period.
For the above period, let the appellant-petitioner be released on interim bail in the aforesaid case 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 of the conditions shall entail cancellation of interim bail.
Learned counsel for the State shall produce the report from the Inspector in-charge of Jhumpura police station regarding the conduct of the petitioner while on interim bail.
The I.A. is disposed of accordingly.
A free copy of the order be handed over to the learned counsel for the State.
( S.K. Sahoo) Judge (S.S. Mishra ) Judge JCRLA No. 27 of 2021
08. List this matter in the week commencing from 5th January 2026.
Learned counsel for the appellant shall produce the surrender certificate of the appellant in the meantime.
( S.K. Sahoo) Judge (S.S. Mishra) Judge PKSahoo Signature Not Verified Digitally Signed Signed by: PRAMOD KUMAR SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 16-Sep-2025 16:17:32