Khetra Munda vs State Of Odisha
2021 Latest Caselaw 8585 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  JCRLA No.16 of 2015
               Khetra Munda                           ....            Appellant
                                                      Mr. C.R. Sahu, Advocate

                                           -versus-
               State of Odisha                        ....         Respondent
                                                        Mr.M.S. Sahoo, AGA

                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE B.P. ROUTRAY
                                       ORDER

Order No. 16.08.2021 I.A. No.27 of 2021

06. 1. This matter is taken up through video conferencing mode.

2. This is an application for regular bail by the Appellant who has been convicted by the impugned judgment dated 1st December, 2014 passed by the learned Additional Sessions Judge, Keonjhar in S.T. Case No.16/06 of 2013 for the offence under Section 302 of the IPC and sentenced to undergo imprisonment for life along with fine.

3. The case of prosecution was that the deceased was found lying dead with cut injuries on his neck and the present Appellant was running away from the spot with an axe on his hand.

4. P.W.4 was one of the purported eye-witnesses who was declared hostile by the prosecution. The trial court itself notices that the deposition of P.W.4 could not be relied upon without

detailed corroboration. The other witness P.W.9 did not clearly state about the occurrence. He could not state on which part of the body of the deceased the accused had dealt a blow with the axe.

5. It appears to the Court that the Appellant has an arguable case. The Appellant does not appear to have any criminal antecedents. Thirdly, the Appellant has been in custody for over nine years and there is no prospect of the present appeal be taken up for early hearing. In the circumstances, the Court directs that the Appellant be enlarged on bail in connection with the aforementioned case during pendency of the appeal on such terms and conditions as the learned trial court may deem fit and proper. It is clarified that the observations in this order will not influence the final decision in the appeal.

6. The I.A. is disposed of.

7. An urgent certified copy of this order be issued as per rules.

(Dr. S. Muralidhar) Chief Justice

(B.P. Routray) Judge

KC Bisoi