Orissa High Court
Bangun @ Bangan @ vs State Of Odisha on 18 August, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No.01 of 2024
Bangun @ Bangan @
Bagan @ Arun
Moharana ..... Appellant /
Petitioner
Sk. Zafarulla,
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
18.08.2025
04. 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.
Designation: Senior Stenographer
Perused the impugned judgment.
The appellant-petitioner has been convicted for the
offence punishable under section 302 of I.P.C. and
sentenced to undergo imprisonment for life and to pay a
fine of Rs.5,000/- (rupees five thousand), in default, to
undergo R.I. for a further period of six months by the
learned Addl. Sessions Judge, Bhadrak vide judgment
and order dated 21.11.2023 passed in S.T. Case No.195
of 2018.
Learned counsel for the petitioner submits that the
petitioner is in judicial custody since 30.05.2018. There
are two eye witnesses to the occurrence i.e. P.Ws.6 & 7,
they have stated that petitioner's motorcycle colluded
with the mother cycle of the deceased and thereafter, the
petitioner assaulted the deceased by means of a bhujali
causing injury on different parts of his body. There is an
oral dying declaration, which is made before P.W.5, the
brother of the deceased. Learned counsel further submits
that the doctor (P.W.25), who conducted post mortem
examination, has noticed lacerated wounds on different
parts of the body of the deceased and opined that those
injuries were ante mortem in nature and was caused by
hard and blunt force impact. Learned counsel further
submits that in the cross-examination of P.W.25, he has
stated that if there is any assault by a sharp cutting
weapon by its sharp side, incised and cut injuries are
possible.
Learned counsel for the petitioner argues that
neither the alleged weapon of offence i.e. bhujali was
produced in the Court nor any clarification was sought for
from P.W.25 to correlate the ocular testimony with the
medical evidence. In case of this nature, where the
medical evidence runs contradictory to the oral evidence
of the eye witnesses, there are good chances of success
of the petitioner in the appeal and the balance of
convenience is in his favour and since there is no chance
of early hearing of the appeal in the near future, 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 placed the statements of
two eye witnesses, witness to the dying declaration so
also the evidence of the doctor, who conducted post
mortem examination.
Considering the submissions made by the learned
counsel for the respective parties, the nature of evidence
adduced during trial, the contradictions between the oral
evidence and medical evidence as pointed out by the
learned counsel for the petitioner, the period of detention
of the petitioner in judicial custody 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.
Accordingly, the I.A. stands disposed of.
( S.K. Sahoo)
Judge
(S. S. Mishra)
Judge
05. This is an application for stay of realization of fine.
Heard.
Perused the impugned judgment.
There shall be stay of realization of fine amount
imposed on the appellant-petitioner by the learned Addl.
Sessions Judge, Bhadrak vide judgment dated
21.11.2023 passed in S.T. Case No.195 of 2018 pending
disposal of the criminal appeal.
Accordingly, the I.A. is disposed of.
( S.K. Sahoo)
Judge
(S. S. Mishra)
Judge
sipun
