Gunanidhi Jena @ Gunia vs State Of Odisha
2025 Latest Caselaw 871 Ori

Orissa High Court

Gunanidhi Jena @ Gunia vs State Of Odisha on 4 July, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.407 of 2014

              Gunanidhi Jena @ Gunia              ....     Appellant/
                                                         Petitioner

                                 Mr. Abhishek Dash, Advocate

                                       -versus-

              State of Odisha                     ....   Respondent/
                                                       Opp. Party

                                 Mr. S.C. Pradhan,
                                 Addl. Standing Counsel

                             CORAM:
                THE HON'BLE MR. JUSTICE S.K. SAHOO
                THE HON'BLE MR. JUSTICE S.S. MISHRA
                                   ORDER

Order No.                        04.07.2025

                            I.A. No.1188 of 2025

   18.           This   matter    is    taken     up   through   Hybrid

arrangement (video conferencing/physical mode).

This is an application for bail.

Mr. Abhishek Dash, learned counsel submits that he has filed Vakalatnama on 30th June, 2025 for appearing on behalf of the appellant.

Let the Registry place the same on record. The name of Mr. Abhishek Dash, Advocate for the appellant be reflected in the cause list during the

subsequent listing of the case.

Heard learned counsel for the appellant- petitioner and learned counsel for the State.

The appellant-Gunanidhi Jena @ Gunia has been convicted under section 302/34 of the Indian Penal Code and sentenced to undergo R.I. for life and to pay a fine of Rs.1,000/- (Rupees one thousand), in default, to undergo further R.I. for 25 days more for the offence under section 302/34 of the Indian Penal Code passed by the learned 3rd Additional Sessions Judge, Puri in S.T. Case No.108-212 of 2013-2010 of 2024.

Learned counsel for the petitioner submits that the petitioner is in judicial custody for more than fourteen years and he has placed reliance on the custody certificate issued by the Superintendent of District Jail, Puri dated 30.04.2025, which indicates that the petitioner is in judicial custody for fourteen years ten months and thirty days. Learned counsel further submits that the co-accused Pradipta Swain, who faced the trial along with the petitioner and is similarly situated, was also found guilty by the learned trial Court for the offence punishable under section 302/34 of the Indian Penal Code and he has preferred separate appeal i.e. Criminal Appeal No.195 of 2014. Vide order dated 07.02.2020 in I.A. No.207 of 2020,

he has admitted to bail. Learned counsel for the petitioner has filed copy of the order which is taken on record. Learned counsel further submits that the petitioner is similarly situated with the co-accused. The case is based on circumstantial evidence and the main evidence cited by the prosecution against the accused person is the dying declaration stated to have been made before P.W.3 and P.W.18 and learned counsel placed the evidence of P.W.3 and P.W.18 to substantiate his submission that the petitioner is similarly situated like the co-accused Pradipta Swain, who has been enlarged on bail.

Learned counsel for the State while not disputing that the petitioner is similarly situated like the co- accused Pradipta Swain, submits that two bail applications of the petitioner have been rejected by this Court i.e. in Misc. Case No.1222 of 2014 and in I.A. No.936 of 2021.

Considering the submissions made by the learned counsel for the respective parties, period of detention of the petitioner in the judicial custody and since the similarly situated co-accused has been directed to be released on bail, and there being no 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

( S.S. Mishra) Judge

Heard.

19. There shall be stay of realization of fine amount imposed by the learned trial Court on the appellant- petitioner pursuant to the judgment and order dated 02.04.2014 passed by the learned 3rd Additional Sessions Judge, Puri in S.T. Case No.108-212 of 2013-2010 of 2024 till disposal of the criminal appeal.

The Misc. Case is disposed of.

(S.K. Sahoo) Judge

(S.S. Mishra) Judge

Learned counsel for the petitioner does not want to press the I.A. Accordingly, the I.A. is dismissed as not pressed.

(S.K. Sahoo) Judge

(S.S. Mishra) Judge

Subhasis

Designation: Personal Assistant

Location: High Court of Orissa, Cuttack. Date: 04-Jul-2025 18:55:38