Orissa High Court
Dambarudhar Dash @ Dhadi vs State Of Odisha on 7 April, 2025
Bench: S.K. Sahoo, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 858 of 2024
Dambarudhar Dash @ Dhadi .... Appellant/
Petitioner
Mr. S.K. Sarangi, 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
07. I.A. No.2108 of 2024
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 since 08.06.2017 and she has
undergone sentenced for more than seven and half years. He
further submits that though the P.Ws.3 and 4 deposed as if eye
witnesses to the occurrence but their evidence is not acceptable
and there is suspicious features on recording of the dying
declaration and 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 placed the evidence of the eye witnesses
P.Ws 3 and 4 and they have specifically stated that as to how the
Appellant entered inside the campus where the deceased was
staying and poured petrol over the deceased by lighting match
stick and they burnt the deceased by lighting match stick for
which the deceased sustained burn injury and therefore, the
deceased was shifted to the Capital Hospital and then to SCB
Medical College and Hospital, Cuttack and died while undergoing
treatment on 12.06.2017. Learned counsel for the State further
submits that the dying declaration recorded by the doctor has been
exhibited as Ext.7 which also corroborates the evidence of the eye
witnesses and the doctor P.W.11 who conducted the post mortem
examination has noticed 85% burn injury on the body of the
deceased and opined that the cause of death is due to septicemic
shock arising out of infection on account of burn injury.
5. Considering the submissions made by the learned counsel
for the respective parties, the nature of evidence adduced by the
eye-witnesses, the dying declaration recorded vide Ext.4 and the
evidence of the doctor (P.W.11), at this stage, 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 3rd Addl. Sessions
Judge, Bhubaneswar, vide judgment dated 15.05.2024 passed in
C.T. Case No.270 of 2017 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
