Orissa High Court
Bijay Kumar Bhoi vs State Of Odisha on 20 January, 2025
Bench: S.K. Sahoo, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.544 of 2021
Bijay Kumar Bhoi ..... Appellant/
Petitioner
Mr. Asutosh Tripathy,
Advocate
-versus-
State of Odisha ..... Respondent/
Opp. Party
Mr. Sarat Pradhan,
Addl. Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No. 20.01.2025
I.A. No.296 of 2022
02. 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 Mr. Asutosh Tripathy, learned counsel
appearing for the petitioner through Virtual High Court at
Angul and Mr. Sarat Pradhan, learned Addl. Standing
Counsel for the State.
Perused the impugned judgment.
The appellant-petitioner has been convicted for the
offences punishable under section 302 of the I.P.C. and
sentenced to undergo imprisonment for life and to pay a
fine of Rs.50,000/- (rupees fifty thousand), in default, to
undergo R.I. for a period of two years by the learned
Addl. Sessions Judge, Athamallik vide judgment and
order dated 15.09.2021 passed in C.T.(S) No.208 of
2017/C.T.(S) No.117 of 2015.
Learned counsel for the petitioner submitted that
the petitioner is aged about sixty five years and he is in
judicial custody for more than nine years ten months and
the petitioner is the elder brother-in-law of the deceased
Gurubari Bhoi. As it appears from the evidence of P.W.1,
the eye witness to the occurrence who is also the
informant in the case that there was hot exchange of
words between the parties regarding collection of mahua
flower, during course of which the petitioner stated to
have assaulted the deceased with 'Kanka' (small size of
iron instrument to dig earth by hand) as a result of which
the deceased died. The learned counsel for the petitioner
further submits that in view of the surrounding
circumstances under which the offence was alleged to
have taken place, it would attract the exception as
provided under section 300 of the Indian Penal Code and
therefore, the conviction under section 302 of the Indian
Penal Code might not be sustained and there is no
chance of early hearing of the appeal in the near future
and balance of convenience is in favour of the petitioner
and thus, the bail application of the petitioner may be
favourably considered.
Learned counsel for the State, on the other hand
placed the eye witness (P.W.1) so also the evidence of
the doctor (P.W.11) who conducted the post mortem
examination and noticed four external injuries and
opined that the cause of death of the deceased was due
to profuse bleedings from head and neck.
Considering the submissions made by the learned
counsel for the respective parties, the nature of evidence
adduced during trial and taking into account the period of
detention of the petitioner in judicial custody and absence
of any chance of early hearing of the appeal in the near
future and keeping in view the ratio laid down in the case
of Leti @ Jayadeb Roy and another -Vrs.- The State
reported in (1990) 3 Orissa Criminal Reports 427,
we are inclined to release the petitioner on interim bail
for a period of three months from the date of release and
the petitioner shall surrender before the learned trial
Court immediately on expiry of the three months period.
For the above period, let the appellant-petitioner be
released on interim bail in the aforesaid case on
furnishing bail bond of Rs.50,000/-(rupees fifty
thousand) with two local solvent sureties each for the
like amount to the satisfaction of the learned trial Court
subject to condition that shall not indulge in any criminal
activities in any manner.
Violation of any of the conditions shall entail
cancellation of interim bail.
Learned counsel for the State shall produce the
report from the Inspector in-charge of Thakurgarh P.S.,
Angul regarding the conduct of the petitioner while on
interim bail.
The I.A. is disposed of accordingly.
A free copy of the order be handed over to the
learned counsel for the State.
( S.K. Sahoo)
Judge
(Chittaranjan Dash)
Judge
03. 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, Athamallik vide judgment and order
dated 15.09.2021 passed in C.T.(S) No.208 of
2017/C.T.(S) No.117 of 2015 pending disposal of the
criminal appeal.
The I.A. is disposed of.
Issue certified copy as per rules.
( S.K. Sahoo)
Judge
(Chittaranjan Dash)
Judge
04. List this matter in the week commencing from 28th
April 2025. Learned counsel for the appellant shall
produce the surrender certificate of the appellant on the
next date.
Urgent certified copy of this order be granted as per
rules.
( S.K. Sahoo)
Judge
(Chittaranjan Dash)
Judge
Pravakar
Designation: AR-cum-Senior Secretary
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 21-Jan-2025 21:09:15
