Orissa High Court
Niranjan Ekka vs State Of Odisha on 15 January, 2025
Bench: S.K. Sahoo, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 831 of 2017
1. Niranjan Ekka .... Appellants
2. Nilamani Lakra @ Negi
Lakra
Mr. Biswajit Nayak, Advocate
-versus-
State of Odisha .... Respondent
Mr. Sarat Pradhan,
Additional Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 15.01.2025
05. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Mr. Biswajit Nayak, learned counsel for the
appellants has produced the copy of the prisoner's
petition sent from Superintendent, Special Jail,
Rourkela (Welfare Services) wherein request has been
made to engage him as the advocate for the
appellants. Copy of the petition and Vakalatanama
have been forwarded to Mr. Nayak and he has
produced the same before us which are taken on
record. The Vakalatanam filed by Mr. Nayak and his
associates is accepted. The name of the earlier
engaged counsel shall not be reflected in the cause list
henceforth.
Put up this matter on 27th January, 2025.
( S.K. Sahoo)
Judge
(Chittaranjan Dash)
Judge
06. Heard learned counsel for the appellants-
petitioners and learned counsel for the State.
This is an application under section 389 of Cr.P.C.
for grant of bail to appellants-petitioners.
The appellants-petitioners have been convicted
for the offences punishable under sections 302/307/34
of the Indian Penal Code and sentenced to undergo
imprisonment for life and to pay a fine of Rs.5000/-
(rupees five thousand), in default, to undergo R.I. for a
period of one year for the offence under section 302/34
of the Indian Penal Code and further the convict Negi
@ Nilamani Lakra is also sentenced to undergo R.I. for
a period of four years and to pay fine of Rs.2,000/-
(rupees two thousand), in default, to undergo R.I. for a
period of six months for the offence under section 307
of the Indian Penal Code and both the substantive
sentences in respect of Negi @ Nilamani Lakra was
directed to run concurrently by the learned Addl.
Sessions Judge -cum- Spl. Judge, Sundargarh vide
judgment and order dated 11.12.2017 in Sessions Trial
No.27/19 of 2015.
Learned counsel for the petitioners submitted that
the petitioner no.1 is in judicial custody since
21.09.2014 and so far as petitioner no.2 is concerned,
he was taken into custody on 23.09.2014. Petitioner
no.2 was granted interim bail for a period of three
weeks in I.A. No.996 of 2019 on the ground of
marriage ceremony of his niece and after availing the
same, he surrendered at right time. Learned counsel
for the petitioners submitted that both the petitioners
are in judicial custody for more than ten years, and in
this case, the wife of the deceased who has been
examined as P.W.13 is the only eye witness who too
sustained injuries during the commission of crime and
she is the informant in the case. According to the
learned counsel, though in the first information report
so also in the 161 Cr.P.C statement, she has attributed
the overt act of assault on the head of the deceased
only by appellant no.1 Niranjan Ekka and further
stated that the time of assault the appellant no.2
Nilamani Lakra was holding the deceased Manoj Ekka,
during course of trial, she changed her version and
stated that not only appellant no.1 but also appellant
no.2 assaulted the deceased on different parts of the
body including the head by iron road. So far as the
appellant no.2 is concerned, the version given in her
evidence is completely contradictory to that mentioned
in the FIR as well as the statement made U/s. 161
Cr.P.C. Learned counsel for the petitioners further
stated that though the P.W.13 is an injured witness but
the doctor (P.W.10) has noticed one simple injury on
his right frontal area and the doctor who conducted
post mortem examination was not examined and the
report has been proved by P.W.15, the CDMO,
Sonepur. He further submits that there are good
chances of success of the appeal but there is no chance
of hearing in the near future and the balance of
convenience leans in favour of the petitioners and
therefore, 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 the
doctor has noticed fracture of right and left temporal
and occipital bone and there was intra-cranial
hemorrhage and subdural hemorrhage, and thus
opined that the cause of death was due to injury to the
vital organ like brain.
Considering the submissions made by the learned
counsel for the respective parties, the nature of overt
act attributed against appellant no.1, namely, Niranjan
Ekka, we are not inclined to release him on bail.
Accordingly, the bail application of appellant
No.1, Niranjan Ekka stands rejected.
However, So far as appellant no.2 Nilamani
Lakra @ Negi is concerned, in view of the
discrepancies as pointed out by the learned counsel for
the appellant and his period of detention in judicial
custody and in absence of any allegation of violation of
the terms and condition of interim bail period, we are
inclined to release appellant no.2 on bail.
Let the appellant-petitioner no.2 Nilamani Lakra
@ Legi be released on bail pending disposal of the
appeal on furnishing bail bond of Rs.50,000/- (rupees
fifty thousand) with two solvent sureties for the like
amount to the satisfaction of the learned trial Court
with such terms and conditions as the learned Court
may deem just and proper.
The I.A. is disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
(Chittaranjan Dash)
Judge
I.A. 2407 of 2023
07. 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 -cum- Spl. Judge, Sundargarh vide
judgment and order dated 11.12.2017 in Sessions Trial
Designation: AR-cum-Senior Secretary
Reason: Authentication No.27/19 of 2015 pending disposal of the criminal
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 20-Jan-2025 11:07:25
appeal.
The I.A. is disposed of.
Issue certified copy as per rules.
( S.K. Sahoo)
Judge
(Chittaranjan Dash)
Judge
Pravakar
