Orissa High Court
Muna Bisoi vs State Of Odisha on 22 October, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.552 of 2016
Muna Bisoi ..... Appellant/
Petitioner
Mr. Akshaya Kumar
Sahoo, Advocate
-versus-
State of Odisha ..... Respondent/
Opp. Party
Mr. Aurobinda Mohanty,
Addl. Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 22.10.2025
I.A. No.1816 of 2025
35. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This is an application under section 389 of Cr.P.C.
for grant of bail.
Heard learned counsel for the petitioner and
learned Addl. Standing Counsel for the State.
The appellant-petitioner has been convicted for the
offence punishable under section 302 of the I.P.C. and
sentenced to undergo imprisonment for life and to pay a
fine of Rs.10,000/- (rupees ten thousand), in default, to
undergo R.I. for a period of one year by the learned
Addl. Sessions Judge, Bhanjanagar vide judgment and
order dated 05.10.2016 passed in S.T. Case No.67 of
2012.
Learned counsel for the State has produced the
report dated 19.09.2025 received from the Inspector-in-
charge of Sorada police station, which indicates that
during the interim bail period, the petitioner is not
involved in any criminal activities under Sorada police
station. The report is taken on record.
Learned counsel for the petitioner submits that as
per the custody certificate dated 12.03.2025, the
petitioner has remained in custody for more than eleven
years. He further submits that though the bail application
of the petitioner was rejected on merit vide order dated
15.11.2017, but he was granted interim bail for a period
of four weeks as per the order dated 12.05.2023, which
was extended for a further period of four weeks vide
order dated 23.06.2023.
Learned counsel for the petitioner further submits
that the case is based on the eye witness account of
P.W.22, the widow of the deceased Tutu Gouda and
petitioner has good chances of success in the appeal and
balance of convenience is in his favour and there is no
chance of early hearing of the appeal in the near future
and therefore, the bail application may be favourably
considered.
Learned counsel for the State, however, opposed
the prayer for bail and submitted that the evidence of
the eye witness (P.W.22) is getting corroboration from
the medical evidence adduced by P.W.16, the doctor,
who conducted the post mortem examination and found
a single shot fire-arm injury on the chest of the
deceased. He also placed the evidence of P.W.22 as well
as evidence of P.W.16.
Considering the submissions made by the learned
counsel for the respective parties and in view of the
available materials available on record, while not inclining
to release the petitioner on bail on merit but taking into
account the period of detention of the petitioner in judicial
custody for more than eleven years and since the
petitioner has not flouted the terms and conditions of
interim bail order granted by this Court and keeping in
view the ratio laid down in the case of Leti @ Jayadeb
Roy and another -Vrs.- The State reported in
(1990) 3 Orissa Criminal Reports 427, we are
inclined to release the petitioner on interim bail for a
period of three months from the date of release and the
petitioner shall surrender before the learned trial Court
immediately on expiry of the 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.50,000/-(rupees fifty
thousand) with two local solvent sureties each for the
like amount to the satisfaction of the learned trial Court
subject to condition that shall not indulge in any criminal
activities in any manner.
Violation of any of the conditions shall entail
cancellation of interim bail.
Learned counsel for the State shall produce the
report from the Inspector in-charge of Sorada P.S.,
regarding the conduct of the petitioner while on interim
bail.
The I.A. is disposed of accordingly.
A free copy of the order be handed over to the
learned counsel for the State.
( S.K. Sahoo)
Judge
( S. S. Mishra)
Judge
05. List this matter in the week commencing from 27th
January 2026. Learned counsel for the appellant shall
produce the surrender certificate of the appellant on the
next date.
Urgent certified copy of this order be granted as per
rules.
( S.K. Sahoo)
Judge
( S. S. Mishra)
Judge
Pravakar
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 22-Oct-2025 18:56:01
