Ranjan @ Malaya Patra vs State Of Odisha
2025 Latest Caselaw 6951 Ori

Orissa High Court

Ranjan @ Malaya Patra vs State Of Odisha on 10 April, 2025

Bench: S.K. Sahoo, Chittaranjan Dash

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   CRLA No. 684 of 2024
                 Ranjan @ Malaya Patra              ....            Appellant/
                                                                  Petitioner
                                            Mr. Jnyananda Panda, 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.                              10.04.2025

  08.       I.A. No.1578 of 2024

1. This an application for bail under Section 389, Cr.P.C.

2. Heard Mr. J. Panda, learned counsel for the Appellant- Petitioner and Mr. P.S. Nayak, learned Addl. Govt. Advocate for the State.

3. The Appellant-Petitioner has been convicted under section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.10,000/- (Rupees Ten Thousand), in default of payment of the fine amount, to undergo further R.I. for six months, by the learned Addl. Sessions Judge-cum-Special Judge (Vigilance),

Bhawanipatna, vide judgment and order dated 13th June, 2023 passed in C.T. (S.C.) No.1/13 of 2021.

4. Mr. Panda, learned counsel appearing for the Appellant- Petitioner submits that the case is based on dying declaration and the statement of three witnesses, i.e. P.Ws.3, 4 & 5. However, the Doctor (P.W.9) has noticed one injury on the head of the deceased which is a lacerated wound and therefore the Petitioner can be stated to have dealt a single blow on the vital part of the body which has resulted in the death of the deceased and, therefore, in the factual scenario the bail application may be favourably considered.

5. Learned counsel for the State, on the other hand, opposed the prayer for bail and placed evidence of P.Ws.3, 4 and 5, the witnesses to the dying declaration, so also P.W.9 (the doctor) who conducted the Post-Mortem examination and opined that the injuries noticed on the occipital region of the deceased can cause death and he further opined, on examining the wooden Lathi, that the injuries caused by the blows produced by such Lathi can cause death of a person. Learned AGA further submitted that the name of the Petitioner is also mentioned in the F.I.R. as the assailant of the deceased in the dying declaration.

6. Considering the submissions made by the learned counsels for the respective parties, the evidence relating to the dying declaration so also the doctor's (P.W.9) finding report, at this stage we are not inclined to release the Petitioner on bail. Accordingly, the prayer for bail is rejected and the I.A. is dismissed.

(S.K. Sahoo) Judge

(Chittaranjan Dash) Judge

S.K. Parida

Designation: ADR-cum-ADDL. PRINCIPAL SECRETARY

Location: ORISSA HIGH COURT, CUTTACK Date: 11-Apr-2025 13:26:06