Orissa High Court
Sobharani Moharana vs State Of Odisha on 17 February, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No.23 of 2020
Sobharani Moharana .... Appellant/
Petitioner
Mr. Sapan Kumar Pal, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Miss Subhalaxmi Devi,
Addl. Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
Order No. 17.02.2025
I.A. No.200 of 2024
05. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
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 of the Indian Penal Code and
sentenced to undergo imprisonment for life and to
pay a fine of Rs.5,000/- (rupees five thousand), in
default, to undergo further R.I. for a period of six
months by the learned Additional Sessions Judge,
Jagatsinghpur in C.T. Case No.30 of 2018.
Perused the impugned judgment.
Learned counsel for the petitioner submits that
the petitioner is a lady and she is now sixty five years
and she is in judicial custody since 25.10.2017 and
there is no direct evidence in the case and the case is
based on circumstantial evidence and the
circumstances are last seen of the petitioner in the
company of the deceased as deposed by P.W.7 and
P.W.13 and leading to discovery of R.O.R. copy and
ornaments, which is deposed by P.W.4 and P.W.11.
Learned counsel further submits that the evidence
available on record indicate that the petitioner was
working as the helper and the deceased was the
mason. Learned counsel further submits that in view
of the available materials on record, there are good
chances of success in the appeal and balance of
convenience is in favour of the petitioner and there is
no chance of early hearing of the appeal in the near
future 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 doctor (P.W.9), who conducted post
mortem examination and noticed some abrasions and
fracture injuries on the ribs and opined that the cause
of death was due to injury to the liver associated with
multiple rib fractures, which has led to haemorrhage
and shock. Learned counsel also placed the evidence
of P.W.7 and P.W.13, the witnesses to the last seen.
Considering the submissions made by the
learned counsel for the respective parties, the nature
of evidence available on record, absence of any direct
evidence, the period of detention of the petitioner in
judicial custody, the age of the petitioner, who is a
woman 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.
( S.K. Sahoo)
Judge
( Savitri Ratho)
Judge
06. Heard.
There shall be stay of realization of fine amount
imposed by the learned trial Court on the appellant-
petitioner till disposal of the criminal appeal.
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: 19-Feb-2025 14:47:45
