Orissa High Court
Tutu Guni vs Respondent/ on 27 March, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.996 of 2022
Tutu Guni .... Appellant/
Petitioner
Mr. A.K. Moharana,
Advocate
-versus-
Respondent/
State of Odisha .... Opp. Party
Mr. Jateswar Nayak,
Addl. Govt. Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE SANJAY KUMAR MISHRA
ORDER
Order No. 27.03.2025
I.A. No.247 of 2025
03. 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 the learned counsel for the appellant-
petitioner and learned counsel for the State.
Perused the impugned judgment.
The appellant-petitioner has been convicted for
commission of the offence punishable under section
302/34 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 six months by the learned Addl. Sessions Judge,
Bhubaneswar vide judgment and order dated 04.07.2022
passed in C.T. Case No.153 of 2012.
Learned counsel for the petitioner submitted that the
petitioner was taken into judicial custody in connection
with this case on 07.07.2012 and thereafter, he was
never released on bail and as such, he has remained in
judicial custody for more than twelve and half years.
Learned counsel further submitted that the case is based
on circumstantial evidence and the occurrence stated to
have taken place on 10.05.2012 and the first information
report was lodged on 14.07.2012 and the deceased died
on 18.08.2012. Learned counsel further submitted that
the appeal is of the year, 2022 and there is no likelihood
of the appeal being taken up for hearing in the near
future and in view of the available material on record,
there are good chances of success in the appeal and
balance of convenience lies in his favour and therefore,
the bail application of the petitioner may be favourably
considered.
Learned counsel for the State, on the other hand,
opposed the prayer for bail and placed the evidence of
the doctor (P.W.1), who conducted the post mortem
examination and opined that the cause of death was due
to dehydration, shock due to burn. Learned counsel
further submitted that there is dying declaration of the
deceased and the deceased herself lodged the first
information report in which she has also stated that the
petitioner, who set her on fire while she was sleeping in
the night and none of the in-laws tried to rescue her.
Considering the submissions made by the learned
counsel for the respective parties, the nature of evidence
adduced during trial, the manner in which the death took
place and particularly, the post mortem report finding,
while not inclining to release the petitioner on bail on
merit, but taking into account his period of detention in
judicial custody for more than twelve and half years and
absence of any chance of early hearing of the appeal in
the near future, 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.20,000/- (rupees twenty
thousand) with one local solvent surety for the like
amount to the satisfaction of the learned trial Court
subject to condition that he shall not indulge in any
criminal activities while on interim bail.
Violation of any of the conditions shall entail
cancellation of interim bail.
The I.A. is accordingly disposed of.
( S.K. Sahoo)
Judge
(S.K. Mishra)
Judge
04. This is an application for stay of realization of fine.
Heard.
There shall be stay of realization of fine amount
imposed by the learned trial Court on the appellant-
petitioner till disposal of the criminal appeal.
Accordingly, the I.A. is disposed of.
( S.K. Sahoo)
Judge
( S.K. Mishra)
Judge
05. List this matter in the week commencing from
07.07.2025. Learned counsel for the appellant shall
produce the surrender certificate of the appellant on the
next date.
Issue certified copy as per rules.
( S.K. Sahoo)
Judge
(S.K. Mishra)
Judge
RKM
Signed by: RABINDRA KUMAR MISHRA
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 28-Mar-2025 17:06:44
