Satpathy Patra vs State Of Odisha
2025 Latest Caselaw 11297 Ori

Orissa High Court

Satpathy Patra vs State Of Odisha on 15 December, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

                                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                    JCRLA No.37 of 2025

                                  Satpathy Patra                  .....       Appellant/Petitioner

                                                               Mr. Saroj Kumar Routray,
                                                               Amicus Curiae
                                                               -versus-
                                  State of Odisha                 .....     Respondent

Mr. Sobhan Panigrahi, Addl. Standing Counsel

CORAM:

THE HON'BLE MR. JUSTICE S.K. SAHOO THE HON'BLE MR. JUSTICE SIBO SANKAR MISHRA Order No. ORDER 15.12.2025

05. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

As per the order dated 17.11.2025, learned counsel for the State has produced the custody certificate of the petitioner so also the conduct certificate of the petitioner dated 24.11.2025 issued by the Superintendent, Sub-Jail, Sohela, which are taken on record.

This is an application for grant of bail. Heard learned counsel for the petitioner and learned

counsel for the State.

Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Dec-2025 19:25:38 Perused the impugned judgment.

The appellant-petitioner has been convicted for the offences punishable under section 302 of the Indian Penal

Code and sentenced to undergo R.I. for life and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo R.I. for a further period of six months by the learned Addl. Sessions Judge, Padampur vide judgment and order dated 19.02.2025 passed in C.T. Case No.47 of 2021.

Though the learned counsel for the petitioner has taken a ground that the petitioner is aged about 73 years, which is mentioned in the trial Court judgment, but the learned counsel for the State has produced a copy of the Aadhar Card of the petitioner which shows that the date of birth of the petitioner is 15.02.1961. However, in the charge sheet, it is mentioned that the date of birth of the petitioner is 1963. Be that as it may, since the entry in the Aadhar Card indicates that the petitioner has not attended the age of 70 years, the bail cannot be granted on that ground.

Learned counsel for the petitioner submits that the petitioner is in judicial custody since 06.02.2021 and the case is based on circumstantial evidence and the circumstances have been mentioned in the impugned judgment that there was motive behind the commission of crime and there was intention on the part of the petitioner to kill the deceased and that the spade, which was the weapon of offence, was seized at the instance of the appellant which makes the chain complete. Learned counsel for the petitioner submits that there was some land dispute between the parties and though the spade has been seized at the instance of the petitioner, but there is no SFSL report to show that there was blood on the spade which can correlate to the deceased. He further submits that in view of the materials available on record, there

are good chances of successes in the appeal and balance of convenience is in favour of the petitioner and therefore, 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 evidence of the witnesses.

Considering the submissions made by the learned counsel for the respective parties, in view of the evidence available on record, while not inclining to release the petitioner on bail on merit but taking into account the period of detention of the petitioner in judicial custody, absence of any criminal antecedent against the petitioner, we are inclined to release the petitioner on bail for a period of three months from the date of release. The petitioner shall immediately surrender before the learned Court below on expiry of the said three months period.

For the above period, let the appellant/petitioner be released on bail to the satisfaction of the learned trial Court in connection with the aforesaid case on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter including the conditions that the petitioner shall not involve in any criminal activities and shall not try to come in contact with the victim in any manner Violation of the terms and conditions shall entail cancellation of bail.

Learned counsel for the State shall produce the report from the Inspector in-charge of Bijepur Police Station regarding the conduct of the petitioner while on bail.

The I.A. is disposed of accordingly.

( S.K. Sahoo) Judge

( S. S. Mishra) Judge

06. This is an application for stay of realization of fine.

Heard.

There shall be stay of realization of fine amount imposed on the appellant-petitioner by the learned Addl. Sessions Judge, Padampur vide judgment and order dated 19.02.2025 passed in C.T. Case No.47 of 2021 pending disposal of the appeal

The I.A. is disposed of.

Issue certified copy as per rules.

( S.K. Sahoo) Judge

( S. S. Mishra) Judge Pravakar