Orissa High Court
Kathu @ Chakradhar vs State Of Odisha on 9 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.854 of 2022
1. Kathu @ Chakradhar
Meher
2. Mohana Meher
3. Chudamani Meher
4. Debaraj Meher .... Appellants/
Petitioners
Mr.B.K. Ragada, Advocate
-versus-
State of Odisha .... Respondent/
Opp.Party
Mrs.Susamarani Sahoo,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 09.05.2023
I.A. No. 916 of 2023
06. This matter is taken up through Hybrid Arrangement
(Video Conferencing/Physical Mode).
Heard learned counsel for the petitioners and
learned counsel for the State.
This is an application for bail of appellant-petitioner
no.2 Mohana Meher.
The appellant-petitioner no.2 has been convicted
under sections 148/149/304(Part-II) of the Indian Penal
Code and sentenced to undergo rigorous imprisonment
for a period of ten years for the offence under sections
304(Part-I)/149 of the Indian Penal Code and to
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undergo rigorous imprisonment for a period of one year
for the offence under sections 148/149 of the Indian
Penal Code and both the sentences were directed to run
concurrently by the learned Addl. Sessions Judge,
Bargarh vide judgment and order dated 23.08.2022 in
C.T. Case No. 115/14 of 2012-13.
Learned counsel for the petitioner no.2 submitted
that the petitioner no.2 was on bail during trial and he
has never misutilized the liberty and after
pronouncement of the judgment on 23.08.2022, the
petitioner no.2 was taken into judicial custody. It is
further submitted that during pendency of the appeal,
the petitioner no.2 has been released on interim bail by
this Court as per order dated 09.12.2022 passed in I.A.
No.2094 of 2022 and after availing the interim bail
period, he surrendered before the learned trial Court at
right time. Learned counsel further submitted that the
co-appellants, namely, Kathu @ Chakradhar Meher,
Chudamani Meher and Debaraj Meher have been directed
to be released on bail by this Court in I.A. No. 461 of
2023 as per order dated 14.03.2023 and since the appeal
is of the year 2022, there is no chance of early hearing of
the appeal in the near future and balance of convenience
lies in his favour, the bail application of the petitioner
no.2 may be favouraly considered.
Learned counsel for the State after going through
the evidence of the witnesses fairly submitted that the
appellant no.3 Chudamani Meher dealt a lathi blow on
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the head of the deceased and the doctor who conducted
post mortem examination has opined that the cause of
death of the deceased was on account of head injury and
she has not disputed that the petitioner no.2 stands on
the similar footing like that of the co-appellants Kathu @
Chakradhar Meher and Debaraj Meher, who have been
directed to be released on bail.
Considering the submissions made by the learned
counsel for the respective parties, nature of evidence
adduced by the prosecution during trial, release of the
co-appellants on bail, the conduct of the petitioner no.2
in complying with the earlier interim bail order and
absence of any chance of early hearing of the appeal in
the near future, I am inclined to release the petitioner
no.2 on bail.
Let the appellant-petitioner no.2 Mohana Meher
be released on bail pending disposal of the appeal on
furnishing bail bond of Rs.50,000/- (rupees fifty
thousand) with two solvent sureties each for the like
amount to the satisfaction of the learned trial Court with
such terms and conditions as the learned Court may
deem just and proper.
The I.A. is disposed of.
Issue urgent certified copy on proper application.
PRAMOD KUMAR Digitally signed by PRAMOD
KUMAR SAHOO
( S.K. Sahoo)
SAHOO Date: 2023.05.11 10:41:44 +05'30' Judge
PKSahoo
