Orissa High Court
Khadala Pradhan vs State Of Odisha on 13 August, 2025
Author: S.K.Sahoo
Bench: S.K.Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1243 of 2024
1. Khadala Pradhan ..... Appellants/Petitioners
2. Babu Pradhan
3. Brahma Kumari @ Tiki
Pradhan
Mr. Rabindra Kumar Patnaik,
Advocate
-versus-
State of Odisha ..... Respondent/Opp. Party
Mr. Jateswar Naik, AGA
CORAM:
THE HON'BLE MR. JUSTICE S.K.SAHOO
THE HON'BLE MR. JUSTICE S.S. MISHRA
ORDER
Order No. 13.08.2025
I.A. No. 3128 of 2024
07. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
This is an application for bail.
Heard.
The appellants-petitioners have been convicted for
the offences punishable under section 147/148/302/149
of the Indian Penal Code and sentenced to undergo R.I.
for life and to pay a fine of Rs.10,000/- (rupees ten
thousand) each, in default to undergo R.I. for a further
period of four months for the offence under Section
302/34 of I.P.C. and to undergo R.I. for a period of two
years each and to pay a fine of Rs.1,000/- (Rupees one
thousand), in default, to undergo further R.I. for two
months for the offence under Section 148 of the I.P.C.
and no separate sentence has been awarded for the
offences under Sections 147/148 of the I.P.C. and both
the sentences were directed to run concurrently by the
learned Additional Sessions Judge, Aska, Ganjam in
Sessions Trial No.94 of 2013 (e-filing SC No.411/2016).
Perused the impugned judgment.
Learned counsel for the appellants-petitioners
submitted that though this bail application has been filed
for the appellant Nos.2 and 3, but he confines the prayer
only for appellant No.3-Brahma Kumari @ Tiki Pradhan,
who is a handicapped lady and she has been in custody
since 16.03.2011. During trial, she was on bail. However,
after the pronouncement of judgment, she was taken into
custody. He further submits that P.W.1 is an eye witness
to the occurrence. In the chief-examination though she
has not stated anything against the appellant No.3 but in
the cross-examination she has stated that the appellant
No.3 assaulted the deceased by means of lathi. The other
eye witness, i.e., P.W.3-Sumanta Kumar Bisoi, has stated
that the appellant No.3 was standing at the spot holding
the lathi and in view of the overt act attributed against
the appellant No.3, who is a handicapped lady and was on
bail during trial and there is no allegation of misutilization
of liberty granted to her, the bail application of appellant
no.3 may be favourbly considered.
Learned counsel for the State has produced the
custody certificate and also the disability certificate of the
appellant No.3- Brahma Kumari @ Tiki Pradhan.
Considering the submission made by the respective
parties, period of detention of the appellant No.3 in the
judicial custody, disability certificate, the nature of
evidence available on record and absence of any chance
of early hearing of the appeal in the near future, we are
inclined to release the appellant No.3- Brahma Kumari @
Tiki Pradhan on bail.
Let the appellant/petitioner No.3- Brahma Kumari @
Tiki Pradhan be released on bail in the aforesaid case 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.
The I.A. stands disposed of.
Urgent certified copy of this order be granted as per
rules.
(S.K. Sahoo)
Judge
Ashok/swarna
(S.S. Mishra)
Signed by: ASHOK KUMAR JAGADEB MOHAPATRA
Location: High Court of Orissa
Date: 14-Aug-2025 11:04:21
