Orissa High Court
Gatikrushna Swain vs State Of Odisha on 18 August, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.31 of 2025
Gatikrushna Swain .... Appellant/
Petitioner
Mr. Asok Mohanty,
Senior Advocate along with
Mr. Harmohan Dhal, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. P.S. Nayak,
Addl. Government Advocate
Mr. B.K. Ragada, Advocate
(for the informant)
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S.S. MISHRA
Order No. ORDER
18.08.2025
10. 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 Mr. Asok Mohanty, learned Senior
Advocate appearing for the appellant-petitioner, Mr.
P.S. Nayak, learned Additional Government Advocate
for the State and Mr. B.K. Ragada, learned counsel for
the informant.
Perused the impugned judgment.
The appellant-petitioner has been convicted for
commission of the offences punishable under sections
109/147/148/341/427/302/120B of the Indian Penal
Coded and sentenced to undergo imprisonment for life
and to pay a fine of Rs.50,000/- (rupees fifty
thousand), in default, to undergo R.I. for a period of
two years for the offence under section 302 of the
Indian Penal Code, R.I. for a period of two years for
the offence under section 147 of the Indian Penal
Code, R.I. for a period of three years for the offence
under section 148 of the Indian Penal Code, S.I. for a
period of one month for the offence under section 341
of the Indian Penal Code, R.I. for a period of two
years for the offence under section 427 of the Indian
Penal Code and R.I. for a period of four 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 120B of the
Indian Penal Code and all the sentences were directed
to run concurrently by the learned Additional Sessions
Judge -cum- P.O., D.C., O.P.I.D. Act, Cuttack in
Sessions Trial Case No.129 of 2021.
Mr. Mohanty, learned Senior Advocate appearing
for the petitioner submits that the eye witnesses have
not spoken about the presence of the petitioner at the
spot, however, they deposed that other accused
persons directly participated in the assault of the
deceased stated that the petitioner abetted them to
commit the crime. Learned counsel further submits
that the petitioner was on bail during trial and there is
no allegation of misutilization his liberty and after the
pronouncement of the judgment on 08.11.2024, the
petitioner has been taken into judicial custody.
Learned counsel further submits that the abetment
part as deposed by the eye witnesses to the
occurrence is doubtful on the face of record. Since
there is no chance of early hearing of appeal in the
near future as it is the appeal in the year 2025, the
bail application of the petitioner may be favourably
considered.
Learned counsel for the State has produced the
report received from the Inspector in-charge of Banki
police station dated 15.07.2025, which shows that the
conduct of the petitioner while he was on bail from
24.12.2020 to 07.11.2024 was not good, however,
learned counsel for the State fairly submits that no
such report about the conduct of the petitioner has
been lodged during the period in question.
Learned counsel for the State submits that there
is threat to the family of the deceased and the
prosecution witnesses in case the petitioner is
released on bail, which would be evident from the
report submitted by the Inspector in-charge of Banki
police station. The report submitted by the learned
counsel for the State is taken on record.
We find from the evidence on record the eye
witnesses supported the prosecution case and also
named the petitioner as the abettor of the crime.
During trial the petitioner was on bail, however, there
is nothing on record to suggest that he has influenced
the witnesses, rather the witnesses have deposed
against him.
Mr. Ragada, learned counsel for the informant
also opposed the prayer for bail.
Considering the submissions made by the
learned counsel for the respective parties, since the
petitioner was on bail during trial and there is no
allegation of misutilization of liberty, at this juncture,
we are inclined to release the petitioner on interim
bail for a period of three months from the date of
release so as to assess the conduct of the petitioner.
The petitioner shall surrender before the learned trial
Court immediately on expiry of the three months
period.
For the above period, let the appellant-petitioner
be released on interim 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.
While on interim bail, the petitioner shall not try to
come in contact with any of the family members of
the deceased or the prosecution witnesses and he
shall not indulge in any criminal activities and he shall
report before the Inspector in-charge of Banki police
station once in a week on every Sunday in between
10.00 a.m. to 4.00 p.m.
Violation of any of the conditions shall entail
cancellation of interim bail.
The Inspector in-charge of Banki police station
shall keep close watch over the activities of the
petitioner while on interim bail and submit a report to
this Court through the learned counsel for the State.
The I.A. is accordingly disposed of.
( S.K. Sahoo)
Judge
( S.S. Mishra)
Judge
11. List this matter along with CRLA No.50 of 2025 in
the week commencing from 01.12.2025. Learned
counsel for the appellant shall produce the surrender
certificate of the appellant on the next date.
A free copy of this order be handed over to the
learned counsel for the State, which will be
communicated to the Inspector in-charge of Banki
police station.
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: 19-Aug-2025 13:13:44
