Orissa High Court
Ami @ Sankarsan Padhi 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.48 of 2025
Ami @ Sankarsan Padhi .... Appellant/
Petitioner
Mr. Debasis Sarangi, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Jateswar Nayak,
Addl. Government Advocate and
Mr. Debi Prasad Dhal, Senior
Advocate along with Mr. Haripad
Mohanty, Advocate for the
informant
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S.S. MISHRA
ORDER
Order No. 18.08.2025
06. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This is an application for bail.
Heard Mr. Debasis Sarangi, learned counsel
appearing for the appellant-petitioner, Mr. D.P. Dhal,
learned Senior Advocate along with Mr. Haripad
Mohanty, learned counsel appearing for the informant
and Mr. Jateswar Nayak, learned counsel appearing
for the Respondent- State.
The appellant-Ami @ Sankarsan Padhi has
been convicted under section 302/120B of the Indian
Penal Code and sentenced to undergo imprisonment
for life and to pay fine of Rs.10,000/- (Rupees ten
thousand), in default, to undergo R.I. for one year for
the offence punishable under Section 302/120B of the
Indian Penal Code by the learned Sessions Judge,
Ganjam, Berhampur in Sessions Trial No.19 of 2014.
Learned counsel for the petitioner submits that
the petitioner was taken on remand in connection with
this case on 26.03.2013 and he was released on bail
on 15.07.2014. Though there are three eye witnesses
to the occurrence, i.e., P.W.1, P.W.9 and P.W.15, but
none have implicated the petitioner in the assault to
the deceased Shanti Prasad Mishra, which is stated to
have taken place on 29.01.2013. He further submits
that two witnesses i.e. P.W.3 and P.W.7 stated about
the conspiracy part involving the petitioner, but they
disclosed about that one month after the alleged
conspiracy taken place, therefore, it may not be safe
to place reliance on their evidence to convict the
petitioner. He further submits that there are good
chances of success in the case and the balance of
convenience is in his favour, therefore, the bail
application may be favourably considered.
Learned counsel for the State has submitted
that there are some criminal antecedents against the
petitioner. However, Mr. Sarangi, learned counsel for
the petitioner replied to such submission inter alia
stating that out of five cases, in three cases, he has
been acquitted, in one case, the final report has been
submitted and one case is pending subjudice.
Considering the submissions made by the learned
counsel for the respective parties, the fact that the
petitioner was on bail in connection with this case
during trial and there is no material that he has
misutilised his liberty in any manner while on bail and
the nature of evidence adduced and the fact that there
is no chance of any early hearing of the appeal in the
near future, we are inclined to release the petitioner
on bail, subject to the condition that he shall not come
in contact with the family members of the deceased or
any of the prosecution witnesses in any manner and
he shall not indulge himself in any criminal activities in
any manner whatsoever. Violation of any terms and
conditions shall entail cancellation of bail granted to
the petitioner.
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.
Urgent certified copy of this order be granted as
per rules.
( S.K. Sahoo)
Judge
( S.S. Mishra)
Judge
07.
Heard.
There shall be stay of realization of fine amount
imposed by the learned trial Court on the appellant-
petitioner pursuant to the judgment and order dated
07.11.2024 passed by the learned Sessions Judge,
Ganjam, Berhampur in Sessions Trial No.19 of 2014.
The I.A. is disposed of.
(S.K. Sahoo)
Judge
(S.S. Mishra)
Subhasis Judge
Designation: Personal Assistant
Location: High Court of Orissa, Cuttack.
Date: 18-Aug-2025 19:39:27
