Orissa High Court
Sana @ Sovakar Mohanta vs State Of Odisha on 4 February, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.717 of 2024
Sana @ Sovakar Mohanta .... Appellant/
Petitioner
Mr. Devashis Panda, Advocate
along with Mr. Nila Madhab
Praharaj, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. P.S. Nayak,
Addl. Government Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
Order No. 04.02.2025
08. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Mr. Devashis Panda, learned counsel files a memo
of appearance on behalf of the appellant, which is taken
on record.
The name of Mr. Devashis Panda, learned counsel
for the appellant be reflected in the cause list
henceforth.
( S.K. Sahoo)
Judge
( Savitri Ratho)
Judge
09. This is an application under Section 389 of Cr.P.C.
for grant of bail.
Heard.
The appellant-petitioner has been convicted under
section 302/34 of the Indian Penal Code and sentenced
to undergo imprisonment for life and to pay a fine of
Rs.50,000/- (rupees fifty thousand), in default, to
further undergo R.I. for a period of six months by the
learned 1st Additional Sessions Judge, Baripada in S.T.
Case No.224 of 2021.
Perused the impugned judgment.
Learned counsel for the petitioner submitted that
the petitioner was taken into judicial custody in
connection with this case on 11.06.2021 and he was on
bail during trial. Learned counsel further submitted that
the prosecution case is that though this petitioner along
with Kulha @ Kamal Lochan Mohanta (appellant in CRLA
No.595 of 2024) and Jadu @ Jatindranath Mohanta
(appellant in CRLA No.781 of 2024) came to the spot
together and chased the deceased, but specific role has
been attributed to the appellant Kamal Lochan Mohanta
@ Kulha, who has dealt a tangia blow on the neck of the
deceased Harekrushna Mohanta and the evidence of
P.Ws.2, 3 and 7, who are the eye witnesses to the
occurrence so also the doctor (P.W.14), who conducted
the post mortem examination is very clear about such
assault and the doctor has noticed one chop wound on
the upper neck and opined the cause of death to be
haemorrhagic shock resulting from such injury. It is
submitted by the learned counsel for the petitioner that
in view of the absence of specific overt act attributed to
the petitioner and absence of any chance of early
hearing of the appeal in the near future, the bail
application of the petitioner may be favourably
considered.
Learned counsel for the State opposed the prayer
for bail, placed the evidence of the eye witnesses and
submitted that the petitioner also chased the deceased
along with the appellants Kulha @ Kamal Lochan
Mohanta and Jadu @ Jatindranath Mohanta.
Considering the submissions made by the learned
counsel for the respective parties, the nature of
evidence on record, since the specific role has been
attributed against the appellant Kulha @ Kamal Lochan
Mohanta, who has assaulted the deceased on his neck
with a tangia and further taking into account the fact
that the petitioner was on bail during trial and absence
of any chance of early hearing of the appeal in the near
future, we are inclined to release the petitioner on bail.
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
( Savitri Ratho)
Judge
RKM
Signed by: RABINDRA KUMAR MISHRA
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 06-Feb-2025 14:35:26
