Manoj Sahu vs State Of Odisha
2025 Latest Caselaw 353 Ori

Orissa High Court

Manoj Sahu 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.1237 of 2024

              Manoj Sahu                      ....            Appellant

                                       Mr. Sk. Zafarulla, 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.3110 of 2024

03. 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 appellant-petitioner and learned counsel for the State.

The appellant-petitioner has 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.30,000/- (rupees thirty thousand), in default, to undergo further R.I. for one month and further sentenced to undergo S.I. for one month for the offence under Sections 341/34 of I.P.C. and all the substantive

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 appellant-petitioner submits that the petitioner is in judicial custody since 26.06.2020 and though there are four eye witnesses to the occurrences, i.e., P.Ws.9, 14, 19 and 20, but except P.W.14, the other eye witnesses have made omnibus allegation that the appellant-petitioner along with the other co-accused persons have assaulted the deceased Digambar Sahoo by different weapons. Only P.W.14 has stated that the petitioner has used one stick to assault the deceased, but he has not stated on which part of the body such assault was made.

Learned counsel for the petitioner further submits that another co-accused, who has used iron rod, is absconding and in view of the available material on record, there are good chances of success in the appeal and balance of convenience is in his favour. Therefore, the bail application may be favourably considered.

Learned counsel for the State on the other hand placed the evidence of the four eye witnesses so also the evidence of the doctor (P.W.18) who conducted post mortem examination and noticed two chopped wounds, one stabbed wound and a lacerated wound . The Doctor opined that the cause of death was due to severe hemorrhage and shock due to multiple injuries caused by

sharp and heavy weapon.

Considering the submission made by the learned counsel for the respective parties, the nature of evidence adduced during the trial, period of detention of the petitioner in judicial custody and absence of any chance for early hearing of the appeal in the near future, we are inclined to release the appellant-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. S. Mishra) Judge Swarna/Ashok

Designation: Senior Stenographer

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