Orissa High Court
Sishupal Majhi vs State Of Odisha on 15 October, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.401 of 2020
Sishupal Majhi ..... Appellants/Petitioners
Mr. Dillip Kumar Mishra,
Advocate
-versus-
State of Odisha ..... Respondent/Opp. Party
Mr. P.S. Nayak, AGA
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S.S. MISHRA
ORDER
Order No. 15.10.2025
I.A. No. 762 of 2020
11. This is an application for bail.
Heard learned counsel for the appellant and the
learned counsel for the State.
The appellant-petitioner has been convicted under
section 302 of the Indian Penal Code and was sentenced
to undergo imprisonment for life and to pay a fine of
Rs.5,000/- (rupees five thousand) in default, to undergo
R.I. for one month by the learned Sessions Judge,
Kalahandi, Bhawanipatna in C.T. Case No.51 of 2015
arising out of Kesinga P.S. Case No.82 of 2015.
Perused the impugned judgment.
Learned counsel for the State has produced the
custody certificate of the appellant-petitioner, which
shows that he is in judicial custody for eight years seven
months. He has also produced the report from the
Superintendent of District Jail, Bhawanipatna to show
that the conduct of the petitioner inside the jail is
satisfactory. He has not committed any prison offence
and maintaining a peaceful and discipline life. The
reports are taken on record.
Mr. Mishra, learned counsel for the appellant-
petitioner submits that the prosecution case is mainly
based on the evidence of three eye witnesses i.e.
P.Ws.7, 8 and 19 so also the evidence of the doctor
(P.W.16), who conducted the postmortem examination.
He further submits that there was some quarrel
between the deceased and the appellant for which
assault took place and since there are no chances of
early hearing of the appeal in the near future, the bail
application may be favourbly considered.
Learned counsel for the State opposed the prayer
for bail and specifically stated that the appellant-
petitioner dealt the knife blow on the back of the
deceased and the evidence of the doctor corroborates
the version of the eye witnesses and the doctor has
stated that the cause of death of the deceased was due
to hemorrhage and hypovolemic shock.
Considering the submissions made by learned
counsels for the respective parties, in view of the three
eye witnesses so also the medical evidence, while not
inclining to release the appellant-petitioner on bail on
merit, but taking in to account the period of detention of
the appellant-petitioner in judicial custody for more than
seven years and absence of any chance of early hearing
of the appeal in the near future and keeping in view the
principle laid down by this Court in Leti @ Jayadeb
Roy and another Vrs. The State reported in (1990)
3 Orissa Criminal Reports 427, we are inclined to
release the appellant-petitioner on interim bail for a
period of three months from the date of his release. The
petitioner shall surrender before the learned trial Court
on expiry of three months period.
For the above period, let the appellant-petitioner
be released on interim bail 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
subject to condition that while on interim bail the
appellant-petitioner shall not indulge in any criminal
activities in any manner.
Violation of any of the conditions shall entail
cancellation of interim bail.
The I.A. is disposed of accordingly.
Issue urgent certified copy of this order as per
rules.
(S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
12. This is an application for stay of realization of fine.
Heard.
After hearing the learned counsels for both the parties,
there shall be stay of realization of fine amount imposed by
the learned Sessions Judge, Kalahandi in C.T. Case
No.51 of 2015 on the appellant-petitioner, till disposal of
the criminal appeal.
The I.A. is disposed of.
(S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
13. Put up this matter in the week commencing from
27th January, 2026.
Learned counsel for appellant-petitioner shall file
the surrender certificate of appellant on the next date.
(S.K. Sahoo)
Judge
(S.S. Mishra)
Ashok/Swarna
Judge
Designation: Senior Stenographer
Location: High Court of Orissa
Date: 16-Oct-2025 15:55:40
