Orissa High Court
Ajit Majhi vs State Of Odisha on 23 April, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 1323 of 2024
Ajit Majhi .... Appellant
Mr. Suryakanta Dwibedi,
Advocate
-versus-
State of Odisha .... Respondent
Mr. S.C. Pradhan, ASC
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S. S. MISHRA
ORDER
Order No. 23.04.2025
I.A. No. 3249 of 2024
03. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This is an application for bail under Section 389
Cr.P.C.
Heard learned counsel for the petitioner and
learned counsel for the State.
The appellant-petitioner has been convicted under
sections 302/34 of the Indian Penal Code and sentenced
to undergo imprisonment for life and to pay a fine of
Rs.20,000/- (rupees twenty thousand), in default, to
undergo further R.I. for a period of two years for the
offence under sections 302/34 of the Indian Penal Code
and the substantive sentence was directed to run
concurrently by the learned Addl. District & Sessions
Judge, Patnagarh in S.C. No.51 of 2021.
Perused the impugned judgment.
Learned counsel for the appellant submits that the
petitioner was taken into judicial custody on
04.04.2021, but he was on bail during trial.The evidence
of the eye witnesses would indicate that it was co-
accused Akrura Bishi, who dealt knife blow on the thigh,
belly and chest of the deceased-Pratyush Patar, as a
result of which he died and the overt act of assault
against the other co-accused persons including the
petitioner are omnibus in nature and the petitioner has
good chance of success in the case and the balance of
convenience is in his favour and there is no chance of
early hearing of the appeal in the near future.
Therefore, the bail application may be favourably
considered.
Learned counsel for the State, on the other hand,
opposed the prayer for bail and submitted that P.Ws.1,
2, 3, 5, 6, 12, 13 and 19 are the eye witnesses to the
occurrence and some of the eye witnesses like P.Ws. 1
and 2 have also stated that the petitioner also assaulted
the deceased. He further submits that the Doctor
(P.W.17), who conducted the post mortem examination
over the dead body of the deceased-Pratyush Patar has
noticed two stab wounds on the epigastria region left
side and upper abdomen and opined that cause of death
was hypovolemic, hemorrhagic shock due to stab injury
of heart and intestines.
Considering the submission made by the learned
counsel for the respective parties, the nature of overt
act attributed to the petitioner in the testimony of eye
witnesses and the fact that he was on bail during trial
and absence of any chance for early hearing of the
appeal in the near future, we are inclined to release the
appellant-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 local
solvent surety for the like amount to the satisfaction of
the learned trial Court.
Accordingly, the I.A. is disposed of.
Urgent certified copy of this order be granted as
per rules.
( S.K. Sahoo)
Judge
( S. S. Mishra)
Judge
Signature
Swarna/Ashok Not Verified
Digitally Signed
Signed by: ASHOK KUMAR JAGADEB MOHAPATRA
Designation: Secretary
Reason: Authentication
Location: High Court of Orissa
Date: 24-Apr-2025 11:18:40
