Orissa High Court
Biswaranjan Gupta vs State Of Odisha on 24 November, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.723 of 2024
Biswaranjan Gupta ..... Appellant/Petitioner
Mr. Bharat Bhusan Routray,
Advocate
-versus-
State of Odisha ..... Respondent/Opp. Party
Mr. Partha Sarathi Nayak,
Addl. Government Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S.S. MISHRA
ORDER
Order No. 24.11.2025
I.A. No.2314 of 2024
12. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This is an application for bail.
Heard Bharat Bhusan Routray, learned counsel
appearing for the petitioner and Mr. Partha Sarathi
Nayak, learned Additional Government Advocate
appearing for the State.
The petitioner has been convicted for the offences
punishable under sections 302/201/120-B of the Indian
Penal Code and sentenced him to undergo imprisonment
for life and to pay a fine of Rs.5,000/- (Rupees five
thousand), in default, to undergo further period of R.I.
for six months for the offence under Section 302 of the
Indian Panel Code. However, no separate sentence has
been awarded for the offence punishable under sections
201/120-B of the Indian Penal Code by the learned
Sessions Judge, Sundargarh in Sessions Trial No.69 of
2014.
Learned counsel for the petitioner submits that the
petitioner was not on bail during the trial and during the
period of trial as appears from the impugned judgment,
he has remained in the custody for four years, nine
months and twelve days and after pronouncement of
the judgment on 28th June, 2024, he has remained in
custody for one year and five months more. Thus, he
has remained in the custody for more than six years.
Learned counsel further submits that the case is
based on circumstantial evidence and the circumstances
have been jotted down by the learned trial Court in
paragraph no.8 of the judgment and he submits that the
main circumstances against the petitioner are the last
seen of the petitioner in the company of the deceased
Gati Krushna Purohit. The next circumstance is, at the
instance of the petitioner, the dead body of the
deceased was recovered from the place of burial.
Learned counsel submits that so far as the last
seen aspect is concerned, the witness to the last seen is
P.W.18. He has implicated during the trial and so far as
the leading to discovery is concerned, the witnesses are
the official witnesses, i.e., P.W.13 and P.W.22. However,
two Constables, who have been examined as P.W.3 and
23 have stated that before arrival of the accused at the
spot, many others had gathered there, which indicates
that the place was known to the police and it cannot be
said that at the instance of the accused, the dead body
was recovered and therefore, it will not come within the
purview of Section 27 of the Indian Evidence Act.
Learned counsel for the petitioner submits that
since there is no chance of early hearing of the Criminal
Appeal in the near future, the bail application may be
favourably considered.
Learned counsel for the State, on the other hand,
opposed the prayer for bail made by the learned counsel
for the petitioner and place the evidence of the relevant
witnesses, i.e., P.W.13 and P.W.22, who are the
witnesses to the leading to discovery. They have stated
that the dead body was exhumed as per the information
given by the petitioner.
Considering the submissions made by learned
counsel for the respective parties, absence of any direct
evidence, in view of the nature of the circumstantial
evidence, we are not inclined to release the petitioner
on bail on merit, but taking into account the period of
detention of the petitioner in the judicial custody for
more than six years, we are inclined to release the
petitioner on interim bail for a period of three months
from the date of his release and the petitioner shall
surrender before the learned trial Court immediately on
expiry of three months period. While on interim bail, the
petitioner shall not indulge himself in any criminal
activities. Violation of any of the terms and conditions
shall entail cancellation of the interim bail granted to the
petitioner.
For the above period, let the petitioner be released
on interim bail for three months in the aforesaid case 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.
The I.A. is accordingly disposed of.
Urgent certified copy of this order be granted as
per rules.
(S.K. Sahoo)
Judge
Subhasis
Designation: Personal Assistant
Judge
Reason: Authentication
Location: High Court of Orissa, Cuttack.
Date: 24-Nov-2025 18:13:52
