Orissa High Court

Babulu @ Babula Dehury vs State Of Odisha on 6 May, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLA No.936 of 2024
              Babulu @ Babula Dehury                ....      Appellant/
                                                             Petitioner

                                   Mr. B. Karna, Advocate

                                         -versus-

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

                                   Miss Suvalaxmi Devi,
                                   Addl. Standing Counsel

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

Order No.                          06.05.2025

                              I.A. No.2385 of 2024


   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 sections 302/341/34 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs.30,000/- (rupees thirty thousand), in default of payment of fine, to undergo further R.I. for a period of one month for the offence under

section 302/34 of the Indian Penal Code and S.I. for a period of one month for the offence under section 341/34 of the Indian Penal Code and both the sentences were directed to run concurrently by the learned Additional Sessions Judge, Kantamal in S.T. Case No.05 of 2021.

Perused the impugned judgment.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 26.06.2020 and the eye witnesses to the occurrence i.e. P.W.9 and P.W.20 have not stated regarding the weapon of offence held by the petitioner and their statements are omnibus in nature. Learned counsel further submitted that due to previous civil dispute between the parties, the petitioner has been falsely implicated in the case and since there is no chance of early hearing of the appeal, the bail application of the petitioner may be favourably considered.

Learned counsel for the State, on the other hand, submitted that apart from P.W.9 and P.W.20, P.W.14, who is also an eye witness to the occurrence, has stated that the petitioner dealt axe blow to the deceased Digambar Sahu and the doctor (P.W.18), who conducted post mortem examination has noticed number of chopped wounds on different parts of the body including the scalp and opined that the cause of death was due to severe hemorrhage and shock on

account of multiple injuries caused by sharp and heavy weapon.

Considering the submissions made by the learned counsel for the respective parties, the eye witnesses' account of the three witnesses i.e. P.W.9, P.W.14 and P.W.20 coupled with the medical evidence adduced by P.W.18, we are not inclined to release the petitioner on bail. Accordingly, prayer for bail stands rejected.

I.A. is accordingly disposed of.

( S.K. Sahoo) Judge

( S.S. Mishra) Judge RKM

Signed by: RABINDRA KUMAR MISHRA

Location: HIGH COURT OF ORISSA, CUTTACK Date: 07-May-2025 16:47:00