Orissa High Court

Guru Kirsani vs State Of Odisha on 8 May, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.1078 of 2024

              1. Guru Kirsani               ....           Appellants
              2. Samaru Dura @ Mata

                                          Mr. B. Pujari, Advocate

                                    -versus-

              State of Odisha               ....          Respondent

                                                 Mr. J. Nayak, AGA

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

                                  ORDER

Order No.                       08.05.2025

                              I.A. No.2760 of 2024

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

This is an application for bail under Section 389 Cr.P.C.

Heard learned counsel for the appellants-petitioners and learned counsel for the State.

The appellants-petitioners have been convicted under Sections 302/34 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs.20,000/- (rupees twenty thousand) each for the offence under Section 302/34 of I.P.C., in default, to undergo further R.I. for a period of one year each and the

substantive sentences were directed to run concurrently by the learned Sessions Judge, Malkangiri in C.T. Case No.56 of 2022.

Perused the impugned judgment.

Learned counsel for the appellants-petitioners submits that the petitioners are in judicial custody since 21.02.2022 and there are no eye witnesses to the occurrence and the case is based on circumstantial evidence. The main circumstance cited against the appellant is the last seen of the appellants-petitioners in the company of the deceased so also the joint extra- judicial confession, which has been deposed to by P.W.5 & P.W.6.

Learned counsel for the petitioners submits that in absence of any other material on record, basing on these two circumstances, it is very difficult to sustain the conviction of the appellants in the alleged crime and there are good chances of success in the appeal and balance of convenience is in favour the petitioners. Therefore, the bail application may be favourably considered.

Learned counsel for the State on the other hand placed the evidence of P.W.5 and P.W.6 so also the doctor (P.W.13) who conducted post mortem examination of the deceased and opined that the cause of death was due to asphyxia, hemorrhage and shock and deep cut throat injury which was ante-mortem in nature.

Considering the submission made by the learned counsel for the respective parties, absence of any direct

evidence, the nature of circumstantial evidence on record, period of detention of the petitioners in judicial custody and absence of any chance for early hearing of the appeal in the near future, we are inclined to release the appellants-petitioners on bail.

Let the appellants-petitioners be released on bail pending disposal of the appeal on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) each with one local solvent surety each 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. S. Mishra) Judge Swarna/Ashok

Designation: Senior Stenographer

Location: High Court of Orissa Date: 09-May-2025 20:04:03