Orissa High Court
Chhotu Kewat 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.355 of 2022
Chhotu Kewat .... Appellant/
Petitioner
Mrs. Sonita Biswal, 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 S.S. MISHRA
Order No.
ORDER
13.08.2025
I.A. No.711 of 2022
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.
The appellant-petitioner has been convicted under
sections 302/201 of the Indian Penal Code and sentenced
to undergo imprisonment for life and to pay a fine of
Rs.10,000/- (rupees ten thousand), in default, to undergo
further R.I. for a period of one year for the offence under
section 302 of the Indian Penal Code and R.I. for a period
of two years and to pay a fine of Rs.5,000/- (rupees five
thousand), in default, to undergo further R.I. for a period
of three months for the offence under section 201 of the
Indian Penal Code and both the sentences were directed
to run concurrently by the learned Sessions Judge,
Jharsuguda in S.T. Case No.78 of 2017.
Perused the impugned judgment.
Learned counsel for the petitioner submits that the
petitioner is in judicial custody for more than eight years
and it is a case based on circumstantial evidence and the
circumstances are not clinching and if the circumstances
are taken together, it does not form a complete chain so
as to unerringly come to the conclusion that the petitioner
is an author of the crime and there are good chances of
success in the appeal and balance of convenience is in
favour of the petitioner and therefore, the bail application
of the petitioner may be favourably considered.
Learned counsel for the State, on the other hand,
opposed the prayer for bail and pointed out from
paragraph-6 of the impugned judgment as to what are the
circumstances available on record against the petitioner.
Considering the submissions made by the learned
counsel for the respective parties, absence of any direct
evidence, nature of circumstantial evidence available on
record, the period of detention of the petitioner in judicial
custody, 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 local
solvent surety for the like amount to the satisfaction of
the learned trial Court.
Accordingly, the I.A. is disposed of.
The Registry shall send a copy of this order to the
leaned trial Court, who in turn shall intimate the petitioner
through the concerned Jail Superintendent regarding
release of the petitioner.
A free copy of this order be handed over to the
learned counsel for the State, who shall send the same to
the concerned Jail Superintendent.
Urgent certified copy of this order be granted as per
rules.
( S.K. Sahoo)
Judge
( S.S. Mishra)
Judge
RKM
Signed by: RABINDRA KUMAR MISHRA
Designation: Personal Assistant
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 14-Aug-2025 15:37:04
