Kishore Kumar Jena vs State Of Odisha
2025 Latest Caselaw 583 Ori

Orissa High Court

Kishore Kumar Jena vs State Of Odisha on 14 May, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No. 360 of 2025

              Kishore Kumar Jena              ....            Appellant

                                        Mr. A.K. Budhia, Advocate

                                    -versus-

              State of Odisha                 ....          Respondent

                                                    Ms. S. Devi, ASC

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

                                  ORDER

Order No.                       14.05.2025

                               I.A. No.762 of 2025

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, further sentenced to undergo imprisonment for life and pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo

further R.I. for fifteen days for the offence under Section 307/34 of I.P.C., further R.I. for ten years and pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo R.I. for fifteen days for the offence under Sections 326/34 I.P.C., further S.I. for three months for the offence under Sections 294/34 of I.P.C., further R.I. for four years for the offence under sections 506/34 of I.P.C. and R.I. for three years and to pay a fine of Rs.5,000/- (five thousand), in default to undergo R.I. for one week for the offence under section 25 of the Arms Act, and all the substantive sentences were directed to run concurrently by the learned Additional Sessions Judge, Kendrapara in S.T. Case No.02 of 2021.

Perused the impugned judgment.

Learned counsel for the appellant-petitioner submits that the petitioner was on bail during the trial. P.Ws.5, 7, 8, 9 and 10 are the eye witnesses to the occurrence and as per their version the accused Siba Prasad Swain assaulted the deceased Kusumlata Swain by means of Katuri, as a result of which she died. So far as the role of the petitioner is concerned, as per the version of the witnesses, the petitioner dealt a Katuri blow to the head of P.W.9, as a result of which she fell down on the ground and the petitioner again dealt another Katuri blow over the belly, as a result of which the entire intestine came out of the body. But the doctor (P.W.27), who examined the injured (P.W.9) would indicate that P.W.9 was having only head injury with right temporal bone depressed fracture

and the injury has been opined to be grievous in nature. Learned counsel for the petitioner submits that even the injured has also stated that the petitioner not only assaulted on her head but also on her belly, but since it is not getting corroboration from the medical evidence and the petitioner has not assaulted the deceased, the bail application of the petitioner may be favourably considered.

Learned counsel for the State placed evidence of all the eye witnesses so also the doctor (P.W.6), who conducted the post mortem examination over the dead body of Kusumlata Swain and the evidence of the doctor (P.W.27), who examined the injured (P.W.9).

Considering the submission made by the learned counsel for the respective parties, the nature of overt act attributed against the petitioner and the fact he has not assaulted the deceased and further taking into account that he was on bail during the trial and there is no chance of 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 subject to the condition that while on bail the petitioner shall not indulge in any criminal activities in any manner and shall not try to come in contact with the family members of the deceased or the injured.

Violation of any terms and conditions shall entail

cancellation of bail.

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

04. 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.

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: 15-May-2025 11:31:42