Arjuna Gonda @ Kolia vs State Of Odisha
2024 Latest Caselaw 16595 Ori

Orissa High Court

Arjuna Gonda @ Kolia vs State Of Odisha on 13 November, 2024

Bench: S.K.Sahoo, Chittaranjan Dash

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.
                                 No.111 of 2018

            Arjuna Gonda @ Kolia          .....   Appellant//
                                                  Petitioner

                                      Mr. Chittaranjan Sahoo,
                                                       Sahoo
                                      Advocate

                                     -versus-
            State of Odisha               .....   Respondent/
                                                  Respondent
                                                  Opp. Party

                                      Mr. Aurobinda Mohanty,
                                                    Mohanty
                                      Addl. Standing Counsel

                                     CORAM:
                  THE HON'BLE MR. JUSTICE S.K.SAHOO
            THE HON'BLE MR. JUSTICE CHITTARANJAN DASH

                                     ORDER

Order No.                          13.11.2024
                            Misc. Case No.

07. This is an application under Section 389 of Cr.P.C.

for grant of bail.

Heard.

Perused the impugned judgment. The appellant appellant-petitioner Arjuna Gonda @ Kolia along with others has been convicted for the offence offences punishable under section sections 302/341/34 of the I.P.C. and sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/-

Rs.5,000/ (rupees five thousand), in default, to undergo R.I. for a further period of one year for the offence under section 302/34 of the I.P.C. and to undergo S.I. for a period of one month for the offence under section 341/34 of the I.P.C. and both the sentences were directed to run concurrently by the learned Addl. Sessions Judge -cum- Special Judge, Jeypore vide judgment and order dated 20th November, 2017 passed in C.T. Case No.04 of 2016 (T).

Learned counsel for the State has produced the custody certificate of the petitioner dated 23.09.2024 which indicates that the petitioner has remained in judicial custody tody for more than six years. The custody certificate is taken on record.

Learned counsel for the petitioner submitted that the main assault has been attributed against accused Utpati Sagaria @ Uku Uku,, who stated to have dealt tangia (axe) blow on the right side of the forehead of the deceased Jisudan Sagaria @ Sekhar. The role that has been attributed against the petitioner is that he along with other accused persons caught hold of the deceased and dealt alt fist and kicks blows.. Learned counsel argued that there is no material on record to show that overt act committed by the petitioner in catching hold of the deceased facilitated the co-accused co Utpati Sagaria @ Uku dealt tangia blow on the head of the de deceased ceased and therefore, it is difficult to attribute common intention of committing murder of the deceased against the petitioner. Learned counsel further submitted that petitioner has good chances of success in the appeal and since there is no chance of early early hearing of o the appeal in the near future, the bail application of the petitioner may be favourably favoura considered.

Learned counsel for the State, on the other han hand, opposed the prayer for bail and placed the evidence of eye witnesses i.e. P.Ws.1, 5, 6 and 9 so also the doctor's evidence (P.W.8), who noticed one external chop wound over the right forehead and opined that the cause of death was due to hemorrhagic shock and further opined that such would be possible due to sharp and heavy weap weapon like axe.

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced during trial trial, the nature of overt act attributed against the petitioner and taking into account the period of detention of th the e petitioner in judicial custody and absence of any chance of early hearing of the appeal in the near future, we are inclined to release the petitioner on bail.

Let the appellant appellant-petitioner petitioner be released on bail pending disposal of the appeal on furnishing ng bail bond of Rs.20,000/- (rupees fifty thousand) with one solvent surety 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 Misc. Case is disposed of.

( S.K. Sahoo) Judge

(Chittaranjan Dash) Dash Judge

08. This is an application for stay of realization of fine.

Heard.

There shall be stay of realization of fine amount imposed on the appellant appellant-petitioner by the learned Addl. Sessions Judge -cum- Special Judge, Jeypore vide judgment dated 20th November, 2017 passed in C.T.

201 pending disposal of the crim criminal appeal.

The Misc. Case is disposed of accordingly. Issue certified copy as per rules.

( S.K. Sahoo) Judge

(Chittaranjan Dash) Dash Judge sipun

Designation: Senior Stenographer

Location: HIGH COURT OF ORISSA, CUTTACK Date: 14-Nov-2024 19:00:40