[Cites 6, Cited by 0]
Orissa High Court
Narayan Sahu vs State Of Odisha on 3 December, 2025
Author: S.K.Sahoo
Bench: S.K.Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No.52 of 2024
Narayan Sahu ..... Appellant/Petitioner
Mr. Devashis Panda, Amicus Curiae
-versus-
State of Odisha ..... Respondent/Opp. Party
Mr. Partha Sarathi Nayak, AGA
CORAM:
THE HON'BLE MR. JUSTICE S.K.SAHOO
THE HON'BLE MR. JUSTICE S.S. MISHRA
ORDER
Order No. 03.12.2025
I.A. No. 04 of 2025
14. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This is an application for bail.
Heard learned counsel for the appellant-petitioner
and learned counsel for the State.
The appellant-petitioner has been convicted under
Sections 498A/302 of the Indian Penal Code and
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 a period of six months for the
offence under Section 302 of I.P.C. He is further
sentenced to undergo R.I. for two years and to pay a
fine of Rs.5,000/- (rupees five thousand), in default to
undergo R.I. for three months for the offence under
Section 498A of the Indian Penal Code by the learned
Sessions Judge, Ganjam, Berhampur in Sessions Trial
No.113 of 2023 arising out of Pattapur P.S. Case No.458
of 2022 corresponding to G.R. Case No.445 of 2022.
Perused the judgment.
Learned counsel for the State has produced a report
from the I.I.C., Pattapur Police Station dated
24.09.2025, which indicates that the appellant-petitioner
is also involved in Pattapur P.S. Case No.86 dated
13.06.2015 under Sections 341/323/294/506 of the
Indian Penal Code. The report is taken on record.
Mr. Panda, learned Amicus Curiae appearing for the
appellant-petitioner submitted that the petitioner is in
judicial custody since 19.12.2022 and though the
learned Court has found him guilty under Section 302 of
the Indian Penal Code but there is absolutely no material
on record that the deceased mate with a homicidal
death. He drew the attention of this Court to the
evidence of the doctor (P.W.7), who has noticed some
injuries which are nails scratch abrasions and contusion
on different parts of the body of the deceased, however,
though he stated that such injuries are ante-mortem in
nature and caused due to finger nail but he has reserved
his opinion regarding the cause of death awaiting viscera
report.
Mr. Panda, learned Amicus Curiae further argued
that during viscera examination, organophosphorus
poison was found and ultimately, the I.O. placed the
report before the doctor (P.W.7), who after verifying the
report gave his opinion that the death was due to intake
of some toxic irritant substances (poison) and the
complecation thereof. He submitted that even though
the mother of the appellant-petitioner being examined as
P.W.9 has stated that the appellant was torturing the
deceased and demanding money from her but that may
at best the constitution of offence under Section 498A of
the Indian Penal Code. However, there is absolutely no
material that it is case of homicidal death.
Learned counsel for the State on the other hand
submits that the forcible administration of
organophosphorus poison to the deceased after causing
such injury by the appellant cannot be ruled out.
Considering the submission made by the learned
counsel for the respective parties, the nature of evidence
available on record, absence of any direct evidence,
nature of circumstantial evidence, the viscera report and
absence of any chance of early hearing of the criminal
appeal, we are inclined to release the appellant-
petitioner on bail.
Let the appellant-petitioner be released on 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 he shall not indulge in
any criminal activities in any manner.
Violation of any of the conditions shall entail
cancellation of the bail.
Let a copy of the order be communicated by the
Registrar (Judicial) to the concerned Jail Superintendent
and also to the learned Sessions Judge, Ganjam,
Berhampur by e-mail for compliance.
A free copy of this order be handed over to the
learned counsel for the State for compliance.
The I.A. is disposed of accordingly.
(S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
Signed by: ASHOK KUMAR JAGADEB MOHAPATRA
Location: High Court of Orissa
Date: 04-Dec-2025 14:41:42
