Orissa High Court
Mansingh Gadaba vs State Of Odisha on 12 November, 2024
Bench: S.K. Sahoo, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No. 6 of 2022
Mansingh Gadaba .... Appellant/
Petitioner
Mr. D.N. Pattnaik, 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
14. I.A. No.55 of 2022
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 two years, by
the learned Additional Sessions Judge-cum-Special Judge,
Jeypore, vide judgment and order dated 29.09.2021 passed
in C.T. No.43 of 2016 arising out of Kundra P.S. Case
No.07 of 2016.
3. Learned counsel for the Appellant-Petitioner submits
that the Petitioner is in judicial custody since 13.02.2016
and the evidence as adduced by P.W.1, the eye-witness to
the occurrence, indicates that there was civil dispute
between the parties and the Petitioner is said to have dealt a
single blow by means of an axe on the vital part of the body
of the deceased Sanmati Gadaba, which resulted in her
death. The doctor (P.W.12) who conducted post-mortem
examination of the dead body has also noticed only one
external injury on the body of the deceased and opined that
the cause of death was due to the injury to large vessels and
heart. He further submits that, 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 on the other hand
opposed the prayer for bail and placed the evidence of the
eye-witness P.W.1 so also the doctor (P.W.12), who
conducted post-mortem examination.
5. Considering the submissions made by the learned
counsels for the respective parties, nature of evidence
adduced during trial, the age of the Petitioner, period of
detention of the Petitioner in judicial custody for more than
8 ½ years, absence of any chance of early hearing of the
appeal in near future, we are inclined to release the
Petitioner on bail.
6. Let the Appellant-Petitioner namely Mansingh
Gadaba 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
1. Heard learned counsels for the parties.
2. There shall be stay of realization of fine imposed
against the Appellant-Petitioner vide judgment passed by the
learned Additional Sessions Judge-cum-Special Judge,
Jeypore in C.T. No.43 of 2016, till final disposal of JCRLA
No.6 of 2022.
3. 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
