Citation : 2025 Latest Caselaw 2535 Ori
Judgement Date : 13 January, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.14 of 2020
1. Tumba Munda
2. Suina @ Sunia @ Ratan .... Appellants/
Munda Petitioners
Mr. R.K. Mahanta, 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 MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No. 13.01.2025
I.A. No.26 of 2020
07. 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 appellants-petitioners have been convicted under sections 450/302/34 of the Indian Penal Code and section 120-B of the Indian Penal Code and section 4(1) of O.P.W.H. Act, 2013 and petitioner no.2 Suina @ Sunia @ Ratan Munda has been convicted under section
307/34 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- (rupees ten thousand) each, in default of payment of fine, to undergo further R.I. for a period of one year for the offence under section 302/34 of the Indian Penal Code, to undergo imprisonment for life and to pay a fine of Rs.5,000/- (rupees five thousand) each, in default of payment of fine, to undergo further R.I. for a period of six months for the offence under section 120-B of the Indian Penal Code, R.I. for a period of ten years and to pay a fine of Rs.5,000/- (rupees five thousand) each, in default of payment of fine, to undergo further R.I. for a period of six months for the offence under section 450/34 of the Indian Penal Code, R.I. for a period of three years and to pay a fine of Rs.5,000/- (rupees five thousand) each, in default of payment of fine, to undergo further R.I. for a period of six months for the offence under section 4(1) of O.P.W.H. Act, 2013 and petitioner no.2 also sentenced to undergo R.I. for a period of ten years and to pay a fine of Rs.5,000/- (rupees five thousand) each, in default of payment of fine, to undergo further R.I. for a period of six months for the offence under section 307/34 of the Indian Penal Code and all the sentences were directed to run concurrently by the learned Additional Sessions Judge, Champua in S.T. Case No.94 of 2015.
Perused the impugned judgment.
It is a case where six murders have been committed.
In view of the eye witnesses' account and the materials available on record, we are not inclined to release the petitioners on bail. Accordingly, prayer for bail stands rejected.
I.A. is accordingly disposed of.
( S.K. Sahoo) Judge
( Chittaranjan Dash) Judge
08. Heard.
There shall be stay of realization of fine amount imposed by the learned trial Court on the appellants- petitioners till disposal of the criminal appeal.
The I.A. is disposed of.
Urgent certified copy of this order be granted on proper application.
( S.K. Sahoo) Judge
( Chittaranjan Dash) Judge
09. Since Paper Book has already been prepared, this matter along with CRLA No.13 of 2020 and CRLA No.550 of 2020 be added to the hearing list in regular course.
( S.K. Sahoo) Judge
( Chittaranjan Dash) Judge
RKM
Signed by: RABINDRA KUMAR MISHRA
Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Jan-2025 10:56:01
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