Orissa High Court
Raya Munda vs State Of Odisha on 16 April, 2025
Bench: S.K.Sahoo, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.234 of 2019
Raya Munda
..... Appellant/
Petitioner
Ms.Samapika Mishra,
Advocate
-versus-
State of Odisha ..... Respondent/
Opp. Party
Mr. Jateswar Nayak,
Addl. Government Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K.SAHOO
THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No.
16.04.2025
I.A. No.649 of 2019
07. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This is an application under section 389 of Cr.P.C.
for grant of bail.
Heard learned counsel for the appellant-petitioner
and learned counsel for the State.
In pursuance to the order dated 27.03.2025,
learned counsel for the State has produced the written
instruction received from the IIC, Bamebari Police
Station, Keonjhar wherein it has been mentioned that
the petitioner has not got any criminal antecedent. The
written instruction is taken on record.
Perused the report of the NALSA, Special Campaign
of Old Prisoners and Terminally Ill Prisoners wherein the
age of the petitioner has been mentioned to be 72
years.
The appellant-petitioner has been convicted for the
offences punishable under section 302 of the Indian
Penal Code and section 4(1) of the Odisha Prevention of
Witch Hunting Act, 2013 and sentenced to undergo
imprisonment for life and to pay a fine of Rs.5,000/-
(rupees five thousand), in default, to undergo R.I. for a
period of one year more for the offence under section
302 of the IPC and R.I. for two years and pay fine of
Rs.2,000/- (rupees two thousand), in default, to
undergo R.I. for three months more for the offence
under section 4(1) of the Odisha Prevention of Witch
Hunting Act, 2013 and both the sentences were directed
to run concurrently by the learned Additional Sessions
Judge, Champua vide judgment and order dated 20th
December, 2018 passed in Sessions Trial Case No.19 of
2016.
Learned counsel for the petitioner submits that the
petitioner is in judicial custody since 18.01.2016 and
there are good chances of success in the case and in
view of the age of the petitioner, the bail application
may be favourably considered.
Learned counsel for the State opposes the prayer
for bail of the petitioner.
Considering the submissions made by the learned
counsel for the respective parties, the age of the
petitioner, the period of detention in judicial custody and
absence of any criminal antecedent against the
petitioner, we are inclined to release the petitioner on
bail.
Let the appellant-petitioner be released on bail
pending disposal of the appeal on furnishing bail bond
of Rs.20,000/- (rupees twenty 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 I.A. is disposed of accordingly.
Issue certified copy as per Rules.
( S.K. Sahoo)
Judge
Signed by: HIMANSU SEKHAR DASH Judge
Designation: Personal Assistant
Reason: Authentication
Himansu
Location: OHC
Date: 16-Apr-2025 20:01:35
