[Cites 3, Cited by 0]
Orissa High Court
Hemalata Luhari vs State Of Odisha on 8 December, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 941 of 2022
1. Hemalata Luhari ..... Appellants/Petitioners
2. Kasinath Luhari
Mr. Jugal Kishore Panda,
Advocate
-versus-
State of Odisha ..... Respondent/Opp. Party
Mr. Aurobinda Mohanty,
Addl. Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S.S. MISHRA
ORDER
Order No. 08.12.2025
I.A. No. 2737 of 2025
14. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
This is an application for bail of appellant no.1-
Hemalata Luhari.
Heard learned counsel for the appellants and the
learned counsel for the State.
The appellant-petitioner no.1 has been convicted
under sections 302/34 of the Indian Penal Code and was
sentenced to undergo rigorous imprisonment for life and
to pay a fine of Rs.10,000/- (rupees ten thousand) in
default, to undergo R.I. for four months for the offence
under sections 302/34 of the Indian Penal Code, as
directed by the learned 1st Additional District and
Sessions Judge, Baripada in S.T. Case No.271 of 2014
arising out of G.R. Case No. 281 of 2014.
Perused the impugned judgment.
Learned counsel for the appellants submitted that
the appellant no.1 is in judicial custody for more than
eleven years. The custody certificate available on record
also indicates the same. It is further argued that since
there is no chance of early hearing of the criminal appeal,
as it is an appeal of the year 2022 and the appellant no.1
is a lady, the bail application may be favourably
considered.
Learned counsel for the State, on the other hand,
opposed the prayer for bail and submitted that P.W.9 and
P.W.10 are the child witnesses, who are the witnesses to
the occurrence and P.W.15 is the doctor, who conducted
the post mortem examination over the dead body of the
deceased and he opined that the asphysial death of the
deceased was homicidal in nature and not suicidal.
Considering the submission made by the learned
counsel for the respective parties and the nature of
evidence available on record, while not inclining to release
the appellant-petitioner no.1 on bail on merit, but taking
into account her period of detention in judicial custody
and absence of any chance of early hearing of the appeal
in the near future, we are inclined to release the
appellant-petitioner no.1-Hemalata Luhari on interim bail
for a period of three months from the date of her release.
The appellant-petitioner no.1 shall surrender before the
learned trial Court on expiry of three months period.
For the above period, let the appellant-petitioner
no.1-Hemalata Luhari 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, subject to condition that while on interim bail the
appellant-petitioner no.1 shall not indulge in any criminal
activities in any manner.
Violation of any of the conditions shall entail
cancellation of interim bail.
The I.A. is disposed of accordingly.
Issue urgent certified copy of this order as per rules.
(S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
15. This is an application for bail of appellant-petitioner
no.2-Kasinath Luhari.
Heard learned counsel for the appellants and the
learned counsel for the State.
The appellant-petitioner no.2 has been convicted
under sections 302/506/34 of the Indian Penal Code and
was sentenced to undergo rigorous imprisonment for life
and to pay a fine of Rs.10,000/- (rupees ten thousand) in
default, to undergo R.I. for four months for the offence
under sections 302/34 of the Indian Penal Code and
further sentenced to undergo R.I. for a period of three
years for the offence under Section 506 of the Indian
Penal Code and both the sentences shall run concurrently,
as directed by the learned 1st Additional District and
Sessions Judge, Baripada in S.T. Case No.271 of 2014
arising out of G.R. Case No. 281 of 2014.
Perused the impugned judgment.
Learned counsel for the appellants submitted that
the appellant-petitioner no.2 is in judicial custody for
more than twelve years. He further submitted that since
there is no chance of early hearing of the criminal appeal,
as it is an appeal of the year 2022, the bail application of
appellant no.2 may be favourably considered.
The learned counsel for the State has produced the
custody certificate to that effect. A report dated
03.12.2025 has also been received from the Senior
Superintendent, Circle Jail, Baripada that the conduct and
behaviour of the appellant no.2 towards the co-inmates
and staff is normal and there is no adverse report against
him. The report produced by the learned counsel for the
State is taken on record.
Learned counsel for the State, however, opposed the
prayer for bail and submitted that P.W.9 and P.W.10 are
the child witnesses, who are the witnesses to the
occurrence and P.W.15 is the doctor, who conducted the
post mortem examination over the dead body of the
deceased and he opined that the asphysial death of the
deceased was homicidal in nature and not suicidal.
Considering the submission made by the learned
counsel for the respective parties and the nature of
evidence available on record, while not inclining to release
the appellant no.2 on bail on merit, but taking into
account his period of detention in judicial custody and
absence of any chance of early hearing of the appeal in
the near future, we are inclined to release the appellant-
petitioner no.2-Kasinath Luhari on interim bail for a period
of three months from the date of his release. The
appellant-petitioner no.2 shall surrender before the
learned trial Court on expiry of three months period.
For the above period, let the appellant-petitioner
no.2-Kasinath Luhari 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, subject to condition that while on interim bail the
appellant-petitioner no.2 shall not indulge in any criminal
activities in any manner.
Violation of any of the conditions shall entail
cancellation of interim bail.
The I.A. is disposed of accordingly.
Issue urgent certified copy of this order as per rules.
(S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
16. Put up this matter in the week commencing from
16th March, 2026.
Learned counsel for appellants shall file the
surrender certificate of both the appellants on the next
date.
(S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
Ashok/Swarna
Signed by: ASHOK KUMAR JAGADEB MOHAPATRA
Location: High Court of Orissa
Date: 09-Dec-2025 11:03:06
