Orissa High Court
Narsingha Pujari vs State Of Odisha on 27 March, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.947 of 2023
Narsingha Pujari .... Appellant/
Petitioner
Mr. S.K. Mahanty, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Jateswar Nayak,
Addl. Government 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.2036 of 2023
06. 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 appellant-petitioner has been convicted
under section 302 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 further R.I. for a period of one
year by the learned Sessions Judge, Malkangiri in
C.T. Case No.62 of 2018.
Perused the impugned judgment.
Learned counsel for the petitioner submits that
the petitioner is in judicial custody since 29.09.2018
and as such he has remained in custody for six and
half years. He further submits that the occurrence in
question took place on 21.06.2017 and there are no
eye witnesses to the occurrence and the main
circumstance available on record against the petitioner
is the extra judicial confession stated to have been
made before P.W.5 and P.W.11 and it is very difficult
to accept such evidence and therefore, there are good
chances of success in the appeal and balance of
convenience is in favour of the petitioner and since
there is no likelihood of the appeal being taken up for
early hearing in the near future, 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 P.W.5 and P.W.11 so also the doctor
(P.W.1), who conducted the post mortem examination
and noticed a lacerated wound on the temporal
mandibular region of right side and opined the cause
of death was due to internal and external
haemorrhage leading to shock and death.
Considering the submissions made by the
learned counsel for the respective parties, the nature
of evidence available on record, absence of any direct
evidence, 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, 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.K. Mishra)
Judge
RKM
Signed by: RABINDRA KUMAR MISHRA
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 28-Mar-2025 17:06:44
