Orissa High Court
Ani Hati And Others vs State Of Odisha on 11 April, 2025
Bench: K.R. Mohapatra, V. Narasingh
Signature Not Verified
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 12-Apr-2025 13:00:20
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA NO.90 OF 2023
Ani Hati and others .... Appellants
Mr. Manoj Kumar Panda, Advocate
-versus-
State of Odisha .... Respondent
Mr. Pradeep Kumar Sahoo,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE V. NARASINGH
ORDER
Order No. 11.04.2025
14. IA No.1807 OF 2024
1. This matter is taken up through hybrid mode.
2. Perused the kind minutes of Hon'ble the Acting Chief
Justice at Flag-K assigning this IA to be heard by a Division
Bench, where one of us (Mr. V. Narasingh, J.) is a member.
Accordingly, this IA is listed before this Bench for consideration.
3. This IA has been filed under Section 389(1) Cr.P.C. to
release the Appellant No.4 (Dhanjit Hati) on bail.
4. Mr. Panda, learned counsel for the Appellants submits that
this Appeal has been filed challenging the judgment of conviction
and sentence dated 23rd December, 2022 passed by learned
Sessions Judge, Nuapada in ST Nos.03 of 2014, 38 of 2014 and
43 of 2016. The Appellant No.4 has been convicted for
commission of offence under Section 452/341/325/302/34 IPC
and has been sentenced to undergo imprisonment for life. It is
submitted that all the four Appellants herein had moved IA
No.188 of 2023, in which this Court released the Appellant Nos.1
to 3 on bail vide order dated 19th March, 2024. The prayer for bail
in respect of Appellant No.4 was rejected. Hence, this IA has
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 12-Apr-2025 13:00:20
been filed to release the Appellant No.4 on bail. It is further
submitted by Mr. Panda, learned counsel for the Appellants that
although, P.W.9 (Informant), who is the wife of the deceased
stated in the FIR that Dhanjit Hati and Kshyama Hati assaulted the
deceased to death, but, in her deposition, she has not alleged any
overt act against the Appellant No.4 in assaulting the deceased.
Although, the incident took place on village danda, but, no witness
alleged any overt act against the Appellant No.4 much less any of
fatal blow on the deceased by the Appellant No.4. Since
Kshyama Hati (Appellant No.3), father of the Appellant No.4
allegedly assaulted the deceased along with this Appellant and
Kshyama Hati has already been released on bail, the prayer for
bail of the Appellant No.4 should be considered fabourably.
Paper Book in the Appeal has not yet been prepared although
copy of the Trial Court Record (TCR) is received. Thus, the
Appeal is not likely to be heard in near future. Hence, he prays for
releasing of Appellant No.4 on bail.
5. Mr. Sahoo, learned Additional Standing Counsel
vehemently objects to the same. It is his submission that
considering the materials on record, this Court, vide order dated
19th March, 2024, while granting bail to other Appellants, rejected
the prayer for bail for Appellant No.4. The present bail
application has been filed in quick succession in absence of any
change in circumstances. He also submits that in view of the
gruesome nature of offence and the role played by Appellant
No.4, he should not be released on bail. He further submits that
Appellant No.4 apart from giving fatal blow to the deceased also
dealt three blows on the head of P.W.9. However, merit of the
case can be gone into at the time of hearing of the Appeal. As
such, the Appellant No.4 should not be released on bail.
Signed by: SASANKA SEKHAR SATAPATHY
Location: HIGH COURT OF ORISSA CUTTACK
Date: 12-Apr-2025 13:00:20
6. Considering the submission made by learned counsel for
the parties and on perusal of record, it appears that Appellant No.4
was arrested on 22nd August, 2016 and he was released on bail on
19th September, 2019. After the impugned judgment was passed,
he was taken to custody on 23rd December, 2022.
7. On scrutiny of the evidence on record, it is seen that the
Petitioner-Appellant No.4 (Dhanjit Hati) is similarly placed with
Kshyama Hati, who has since been released on bail. The grievous
injuries, which is suffered by P.W.9, is also not attributed to the
present Appellant No.4.
8. Hence, on consideration of such evidence on record and
taking into account the release of the co-accused and that there is
no likelihood of early hearing of this appeal of the year 2023, this
Court is inclined to release the said Appellant No.4 (Dhanjit Hati)
on bail.
9. Accordingly, Appellant No.4 is directed to be released on
bail on such terms and conditions to the satisfaction of learned
trial Court.
10. The IA is disposed of accordingly.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Rojalin Judge
