Citation : 2025 Latest Caselaw 11326 Ori
Judgement Date : 15 December, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.535 of 2013
Muna @ Antaryami Patra .... Appellants/
and another Petitioners
Mr. D.K. Sahoo, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Sarat Chandra Pradhan,
Addl. Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S.S. MISHRA
ORDER
Order No. 15.12.2025
I.A. No.1712 of 2025
24. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This is an application for bail of appellants/ petitioners nos.1 and 3, namely, Muna @ Antaryami Patra and Surendra Naik @ Surendranath Naik respectively.
As per the previous order dated 01.12.2025, learned counsel for the State has produced the custody certificates, which shows that petitioner no.1, Muna @ Antaryami Patra has remained in custody for
more than fifteen years and petitioner no.3, Surendra Naik @ Surendranath Naik has remained in custody for more than fifteen years. Learned counsel has also produced the jail conducts of the petitioners, which shows that there is nothing adverse against the petitioners. The custody certificates and the jail conducts of the petitioners are taken on record.
Heard.
The appellants-petitioners along with two others have been convicted under sections 460/302/307/325 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs.2,000/- (rupees two thousand) each, in default, to undergo further R.I. for a period of two months for the offence under section 460 of the Indian Penal Code, imprisonment for life and to pay a fine of Rs.2,000/- (rupees two thousand) each, in default, to undergo further R.I. for a period of two months for the offence under section 302 of the Indian Penal Code and imprisonment for life and to pay a fine of Rs.2,000/- (rupees two thousand) each, in default, to undergo further R.I. for a period of two months for the offence under section 307 of the Indian Penal Code and no separate sentence was awarded for the offence under section 325 of the Indian Penal Code and all the sentences were directed to run concurrently by the
learned Additional Sessions Judge, Baripada in S.T. Case No.13/117 of 2011-10.
Perused the impugned judgment.
Learned counsel for the petitioners submitted that in view of the period of detention of the petitioners in judicial custody and absence of any chance of early hearing of the appeal in the near future, the bail application of the petitioners may be favourably considered.
Learned counsel for the State, on the other hand, opposed the prayer for bail and submitted that there are eye witnesses to the occurrence and the evidence of the doctor (P.W.11) corroborated the evidence of the eye witnesses and the doctor has stated that the cause of death was due to shock, as a result of which injuries to vital organ like brain.
Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioners in judicial custody, their jail conduct and absence of any chance of early hearing of the appeal in the near future, we are inclined to release the petitioners on bail.
Let the appellants nos.1 and 3, namely, Muna @ Antaryami Patra and Surendra Naik @ Surendranath Naik be released on bail pending disposal of the appeal on furnishing bail bond of Rs.20,000/- (rupees
twenty thousand) each with one local solvent surety for the like amount to the satisfaction of the learned trial Court. The petitioners shall not indulge in any criminal activities and shall not come in contact with the family members of the deceased.
Violation of any terms and conditions shall entail cancellation of bail.
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 RKM
Signed by: RABINDRA KUMAR MISHRA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Dec-2025 12:10:23
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