Chhotu Badaik @ Bhola vs State Of Odisha
2024 Latest Caselaw 16543 Ori

Orissa High Court

Chhotu Badaik @ Bhola vs State Of Odisha on 12 November, 2024

Bench: S.K. Sahoo, Chittaranjan Dash

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    JCRLA No. 2 of 2020
                  Chhotu Badaik @ Bhola              ....         Appellant/
                                                                Petitioner
                                               Mr. Raghunath Das, 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.                               12.11.2024

  05.        I.A. No.107 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.20,000/- (Rupees Twenty Thousand), in default of payment of the fine amount, to further undergo R.I. for two years, by the learned First Additional Sessions Judge, Rourkela, vide judgment and order dated 22.11.2019 passed in Sessions Trial No.142 of 2016 arising out of Bisra P.S. Case No.102 of 2016.

3. Learned counsel for the Appellant-Petitioner submits that the Petitioner is in custody since 30.09.2016. He further submits that the case is based on circumstantial evidence and the most vital circumstance is the last seen of the deceased in the company of the appellant, which is deposed to by P.W.5. However, the evidence on record indicates that though they were seen together on 27.09.2016 at about 5.30 to 6.00 PM, but the dead body of the deceased was recovered on 29.09.2016 from inside the jungle and moreover the prosecution has failed to establish any motive behind commission of the crime. In view of the available materials on record, the Appellant-Petitioner has good chance of success and also the balance of convenience lies in his favour and therefore, the bail application may be favourably considered.

4. Learned counsel for the State opposed the prayer for bail and placed the evidence of the eye-witness P.W.5 so also the doctors who conducted post-mortem examination and were examined as P.Ws.7 & 8.

5. Considering the submissions made by the learned counsels for the respective parties, nature of evidence adduced during trial, absence of any direct evidence and the detention of the Petitioner in judicial custody since 30.09.2016, we are inclined to release the Petitioner on bail.

6. Let the Appellant-Petitioner namely Chhotu Badaik @ Bhola be released on bail in the aforesaid case on furnishing bail bond of Rs.20,000/-(Rupees twenty 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. Parida

Designation: ADR-cum-ADDL. PRINCIPAL SECRETARY

Location: ORISSA HIGH COURT, CUTTACK Date: 13-Nov-2024 17:27:32