Pramod @ Kunu Bag vs State Of Odisha
2025 Latest Caselaw 6773 Ori

Orissa High Court

Pramod @ Kunu Bag vs State Of Odisha on 7 April, 2025

Bench: S.K. Sahoo, Chittaranjan Dash

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      CRLA No. 52 of 2025
                    Pramod @ Kunu Bag                    ....            Appellant/
                                                                       Petitioner
                                                    Ms. B. Tripathy, Advocate

                                              -versus-

                    State of Odisha                      ....         Respondent/
                                                                     Opp. Party
                                                                 Mr. P.S. Nayak,
                                                           Addl. Govt. Advocate

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

Order No. 07.04.2025

04. I.A. No.848 of 2025

1. This is an application under section 389 of Cr.P.C. for grant of bail.

2. Heard learned counsel for the Petitioner and learned counsel for the State.

3. Learned counsel for the Petitioner submits that the Petitioner is in judicial custody for more than nine and half years and since it is a criminal Appeal of the year 2025, there is no chance of early hearing of the Appeal in the near future and the doctor has not stated specifically in the post mortem report whether the death of the deceased was homicidal, suicidal or

accidental and therefore, there are good chance of success in the case and the balance of convenience is in favour of the Petitioner and therefore the bail application may be favorably considered.

4. Learned counsel for the State, on the other hand, opposed the prayer for bail and submitted that the P.Ws 4, 5, 6, 8, 9 and 10 are the eye witnesses to the occurrence and P.W.5 has stated about the leading to discovery of the Tangia which is the weapon of offence at the instance of the Appellant. He further stated that the doctor (P.W.16) has noticed number of chop wounds on the vital part of the body of the deceased and specifically opined that the external injuries corresponding to the internal injuries are fatal in the ordinary course of nature and sufficient to cause death and the cause of death was instantaneous due to injury to jugular vein and spinal cord and the death is homicidal in nature.

5. Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced by the eye-witnesses which are getting well corroborated by the medical evidence, and above all the manner of assault, we are not inclined to release the Petitioner on bail.

6. According the I.A. stands rejected.

7. Issue certified copy as per Rules.

(S.K. Sahoo) Judge

(Chittaranjan Dash) Judge

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

2. Heard.

3. There shall be stay of realization of fine amount imposed on the Aappellant-Petitioner by the learned 1st Addl. Sessions Judge, Sambalpur, vide judgment dated 30.09.2024 passed in S.T. Case No.282/22/11 of 2015-22 pending disposal of the criminal appeal.

4. The I.A. is disposed of.

5. Issue certified copy as per rules.

(S.K. Sahoo) Judge

(Chittaranjan Dash) Judge

KC Bisoi

Location: HIGH COURT OF ORISSA