Orissa High Court
Urdhaba Mundagudia vs State Of Odisha on 24 April, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.531 of 2015
Urdhaba Mundagudia ..... Appellant/Petitioner
Mr. Niranjan 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 SIBO SANKAR MISHRA
Order No. ORDER
24.04.2025
Misc. Case No. 1436 of 2015
05. 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.
Perused the impugned judgment.
The appellant-petitioner has been convicted for the
offences punishable under sections 302/201/506 of the
I.P.C. and sentenced to undergo imprisonment for life
and to pay a fine of Rs.10,000/- (rupees ten thousand),
in default, to undergo R.I. for a period of six months for
the offence under section 302 of the I.P.C. and
sentenced to undergo R.I. for a period of three years
and to pay a fine of Rs.3,000/- (rupees three thousand),
in default, to undergo R.I. for a further period of three
months for the offence under section 201 of the I.P.C.
and sentenced to undergo R.I. for a period of two years
and to pay a fine of Rs.2,000/- (rupees two thousand),
in default, to undergo R.I. for a further period of two
months for the offence under section 506 of the I.P.C.
and all the substantive sentences were directed to run
concurrently by the learned Addl. Sessions Judge,
Jeypore vide judgment and order dated 30.01.2015
passed in Criminal Trial No.10 of 2014 (T).
Learned counsel for the petitioner submitted that
the petitioner was taken into judicial custody in
connection with this case on 28.07.2013 and the
conviction of the appellant is based on the solitary
testimony of P.W.6, who is none else than the wife of
the petitioner. Learned counsel further submitted that
petitioner has good chances of success in the appeal
and balance of convenience is in his favour and since
the paper book has not yet been prepared, there is no
chance of early hearing of the appeal in the near future
and therefore, the bail application may be favourably
considered.
As per the previous order dated 13.02.2025, learned
counsel for the State has produced the written instruction
dated 24.04.2025 received from the Inspector in-charge
of Boipariguda police station, wherein it is mentioned that
the wife of the petitioner has already been married to
another person and staying at Hydrabad (Telengana). The
instruction is taken on record.
Learned counsel for the State, however, opposed
the prayer for bail and submitted that the evidence of
the eye witness (P.W.6) is getting corroboration from
the medical evidence adduced by P.W.7, the doctor,
who conducted the post mortem examination and has
opined that the cause of death of the deceased baby
was due to asphyxia on account of throttling.
Considering the submissions made by the learned
counsel for the respective parties, the period of
detention of the petitioner in judicial custody for more
than eleven years and absence of any chance of early
hearing of the appeal in the near future, 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 Misc. Case is disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
( S. S. Mishra)
Judge
Pravakar
Location: HIGH COURT OF ORISSA, CUTTACK
