Lakma Madkami vs State Of Odisha
2024 Latest Caselaw 16167 Ori

Orissa High Court

Lakma Madkami vs State Of Odisha on 4 November, 2024

Bench: S.K. Sahoo, Chittaranjan Dash

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   JCRLA No. 110 of 2022
                 Lakma Madkami                      ....         Appellant/
                                                               Petitioner
                                             Mr. Sarbeswar Sahoo, Advocate
                                         -versus-
                 State of Odisha                    ....       Respondent/
                                                              Opp. Party
                                                         Mr. Sarat Pradhan,
                                                     Addl. Standing Counsel
                             CORAM:
                 THE HON'BLE MR. JUSTICE S.K. SAHOO
            THE HON'BLE MR. JUSTICE CHITTARANJAN DASH

                                        ORDER

Order No.                              04.11.2024

  04.       I.A. No.186 of 2024

1. Heard learned counsel for the Petitioner-Appellant and learned counsel for the State.

2. The Appellant-Petitioner has been convicted under section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs.50,000/- (Rupees Fifty Thousand), in default of payment of the fine amount, to further undergo R.I. for one year, by the learned Additional Sessions Judge-cum-Special Judge, Malkangiri, vide judgment and order dated 28.09.2022 passed in C.T. No.32 of 2017 arising out of Malkangiri P.S. Case No.57 of 2017.

3. Learned counsel for the Appellant-Petitioner submitted that the Petitioner is in judicial custody since 24.05.2017. He further submitted that the occurrence in question took place on 19.05.2017 and the case is based on circumstantial evidence, which would be evident from paragraph-16 of the impugned judgment. He further submitted that the Doctor (P.W.12), who conducted post-mortem examination, has specifically stated that "as the body was in a state of decomposition, the specific cause of death could not be ascertained". The learned counsel further stated that, as per the Doctor (P.W.12), no external injury was detected, but possibility of death by strangulation cannot be ruled out, and accordingly without discussing the evidence on record, the learned trial court has jumped to the conclusion that since the deceased was last seen with the Petitioner and thereafter he was found dead, therefore the Petitioner had committed the murder of the deceased by strangulation. Learned counsel further submitted that there are good chances of success in the appeal and the balance of convenience lies in favour of the Appellant, therefore the bail application be considered favourably.

4. Learned counsel for the State on the other hand opposed for bail and placed the evidence of the Doctor (P.W.12) and the evidence of P.W.6 who stated about the last seen of the Appellant with the deceased.

5. Considering the submissions made by the learned counsel for the respective parties, the background of the case, the nature of evidence recorded during the trial, absence of any direct evidence, the Post-Mortem Report findings, the period of detention of the petitioner in judicial custody and absence of any chance of early hearing of the appeal in near future, we are inclined to release the Appellant-Petitioner on bail.

6. Let the Appellant-Petitioner namely Lakma Madkami be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/-(Rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned trial Court subject to the condition that he shall not indulge in any criminal activities in any manner whatsoever.

7. Violation of any of the conditions shall entail cancellation of bail.

8. The I.A. is allowed and disposed of accordingly.

(S.K. Sahoo) Judge

(Chittaranjan Dash) Judge

S.K.ADR-cum-ADDL.

Designation: Parida PRINCIPAL SECRETARY Reason: Authentic Copy Location: ORISSA HIGH COURT, CUTTACK Date: 06-Nov-2024 10:34:08