Gada Munda vs State Of Odisha
2022 Latest Caselaw 3006 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                         JCRLA No. 74 of 2019
            Gada Munda                        ......              Appellant
                                                     Mr. S. Panda, Advocate
                                  -versus-
            State of Odisha                   ......               Respondent
                                                       Mrs. S. Patnaik, AGA
                         CORAM:
                         JUSTICE S. TALAPATRA
                         JUSTICE B.P. ROUTRAY

                                  ORDER

07.07.2022 I.A. No.65 of 2021 Order No.

04. 1. This matter is taken up through hybrid mode.

2. Heard Mr. S. Panda, learned counsel appearing for the Appellant.

3. By means of this application, the Appellant seeks bail on the ground that, since 2018, he is in the jail. He is incarcerated even before the judgment of conviction dated 06.09.2019 in S.T. Case No.40 of 2018, convicting the Appellant under Section 302 of the I.P.C, was delivered.

4. According to Mr. Panda, learned counsel, there surfaces apparent inconsistencies and lack of corroboration in the testimonies of P.Ws.1, 2, 3 and P.Ws.7 and 8. Those testimonies have been relied for finding of conviction. That apart, in the stick, by which the deceased was assaulted, there was no blood stain. Therefore, the linkages turned feeble. In the face of the records, the prosecution case is not tenable.

5. Per contra, Mrs. S. Patnaik, learned Additional Government Advocate appearing for the State has submitted

that corroboration is well-rounded and absence of blood stain causing weaken the prosecution case any manner.

6. We have perused the records, in order to appreciate the rival contentions in respect of grant of bail at this stage of appeal and we find that, the Appellant has utterly failed to make out a case where this Court may grant bail till disposal of the appeal.

7. In view of the above, this application stands dismissed.

(S. Talapatra) Judge

(B.P. Routray) Judge JCRLA No.74 of 2019 Order No.

05. 1. It appears that LCRs have been received by the Registry. Prepare the paper books. Thereafter, list the matter for passing the appropriate order.

(S. Talapatra) Judge

(B.P. Routray) Judge Murmu