Balabhadra Munda And vs State Of Odisha
2025 Latest Caselaw 974 Ori

Orissa High Court

Balabhadra Munda And vs State Of Odisha on 7 July, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              JCRLA No.168 of 2023

              Balabhadra Munda and              ....             Appellant(s)
              others

                                                Mr. Lalit Bhuyan, Advocate

                                         -versus-

              State of Odisha                   ....           Respondent(s)

                                                      Mr. Jateswar Naik, AGA

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

                                     ORDER

Order No.                         07.07.2025
                             I.A. No.277 of 2024

04. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This is an application for bail on behalf of appellant no.2.

Heard learned counsel for the appellant no.2- petitioner no.2 and learned counsel for the State.

The appellant no.2-petitionerno.2 has been convicted under Sections 302/449/34 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo R.I. for a period of six months for the offence under Section 302/34 of I.P.C. and further he is sentenced to R.I. for eight years and to pay a fine of Rs.10,000/-

(rupees ten thousand), in default, to undergo R.I. for six months for the offence under Section 449/34 of I.P.C. and all the sentences were directed to run concurrently by the learned Additional Sessions Judge, Keonjhar in Sessions Trial Case No.9/147 of 2021-2019.

Perused the impugned judgment.

Learned counsel for the appellant-petitioner no.2 submits that the petitioner is in judicial custody for about six years. The petitioner and others the appellants in this jail criminal appeal filed the bail application. All though other appellants were admitted to bail vide order dated 21.08.2024, the bail application of the petitioner was rejected.

Learned counsel for the petitioner submits that P.W.4 (Budhuram Munda), who is an eye witness to the occurrence and though in the examination-in-chief, has stated that all the accused persons came together to his house and assaulted the deceased Dinabandhu with 'thenga', but in the cross examination, he has specifically stated that the petitioner (Chema Munda) cut off the power supply to the house and thereafter, all the accused persons assaulted the deceased and further stated that the petitioner cut off the power supply to the house from the transformer situated near the house of the deceased. However, he could not say the exact distance.

It is argued that since the accused persons who actually assaulted the deceased have been enlarged on bail, though specific role attributed to them, but the only

allegation against the petitioner is that he had cut off the power supply. Hence, his bail application may be reconsidered, particularly when there is no chance of early hearing of the jail criminal appeal in the near future.

Learned counsel for the State opposed the prayer for bail.

Considering the submission made by the respective parties, period of detention of the petitioner in judicial custody, the nature of overt act attributed against the petitioner and absence of any chance of early hearing of the Jail Criminal Appeal in the near future, we are inclined to release the petitioner no.2 on bail.

Let the appellant-petitioner no.2 (Chema Munda) be released on bail pending disposal of the appeal on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two local solvent sureties for the like amount to the satisfaction of the learned trial Court and after verification of the address of the petitioner by the learned Court below.

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) SubhasisPersonal Assistant Designation:

Reason: Authentication Judge Location: High Court of Orissa, Cuttack. Date: 08-Jul-2025 10:31:19