Orissa High Court
Bahadur Gurhandi vs State Of Odisha on 7 July, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.674 of 2021
Bahadur Gurhandi ..... Appellant/
Petitioner
Mr. Kirtan Dang,
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 SIBO SANKAR MISHRA
ORDER
Order No. 07.07.2025
I.A. No.790 of 2022
04. 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 learned counsel for the petitioner and
learned Addl. Standing Counsel for the State.
The appellant-petitioner has been convicted for the
offence punishable under section 302 of the I.P.C. and
sentenced to undergo imprisonment for life and to pay a
fine of Rs.5,000/- (rupees five thousand), in default, to
undergo R.I. for a period of one month by the learned
Sessions Judge, Balangir vide judgment and order dated
19.02.2021 passed in S.C. No.26 of 2013.
Learned counsel for the State has produced the
custody certificate of the petitioner, which indicates that
the petitioner is in judicial custody for more than twelve
years. The custody certificate is taken on record.
Learned counsel for the petitioner submitted that
the petitioner along with the co-accused Nara @
Narayana Gurandi faced trial being charged under
section 302 and 34 of the Indian Penal Code and the
learned trial Court found them guilty under the offence
charged and the co-accused Nara @ Narayana Gurandi
preferred a separate criminal appeal i.e., CRLA No.169 of
2021 and he was directed to be released on bail vide
order dated 04.05.2022 and since the implication against
the petitioner is almost identical and there is no chance
of early hearing of the appeal in the near future, the bail
application of the petitioner may be favourably
considered.
Learned counsel for the State, on the other hand
placed the bail order passed in respect of the co-accused
Nara @ Narayana Gurandi wherein taking into account
the depositions of three eye witnesses i.e., P.Ws.2, 3 and
6, it was held that the petitioner assaulted the deceased
by means of an axe whereas the said accused assaulted
the deceased by a lathi and the post mortem report
indicates that all the fatal injuries have been caused by
axe blow. He argued that the petitioner does not stand in
the similar footing like the co-accused and therefore, he
should not be granted bail.
After going through the evidence of the three eye
witnesses, we find that the petitioner was armed with
tangia and assaulted the deceased and the post mortem
report, which has been proved through the doctor
(P.W.7) indicates that out of nine injuries sustained by
the deceased, eight injuries were incised wounds. In
view of the evidence of the eye witnesses so also post
mortem report findings, we are of the view that the
petitioner stands in a different footing than the co-
accused with whom, he faced trial and the said co-
accused has already been released on bail in the
connected criminal appeal.
Considering the submissions made by the learned
counsel for the respective parties, the nature of evidence
adduced during trial, specific overt act attributed against
the petitioner, the weapon used by him, the nature of
injuries caused to the deceased by using such weapon,
while not inclining to release the petitioner on bail but
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 Balangir Sadar
P.S., 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
( S. S. Mishra)
Judge
05. 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
Sessions Judge, Balangir vide judgment and order dated
19.02.2021 passed in S.C. No.26 of 2013 pending
disposal of the criminal appeal.
The I.A. is disposed of.
( S.K. Sahoo)
Judge
( S. S. Mishra)
Judge
06. List this matter in the week commencing from 13th
October 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
Signed by: PRAVAKAR NAYAK Judge
Pravakar
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 09-Jul-2025 11:06:35
