Orissa High Court
Ghana @ Ghanashyam vs State Of Odisha on 24 October, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.541 of 2015
1. Ghana @ Ghanashyam
Chhatabara
2. Biswambar Chhatabara
3. Mohan Chhatabara ..... Appellants/
Petitioners
Mr. B.S. Das,
Advocate
-versus-
State of Odisha ..... Respondent/
Opp. Party
Mr. P.S. Nayak,
Addl. Govt. Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
Order No. ORDER
24.10.2025
05. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
Perused the prisoners' petition received from the
Jail Superintendent, Biju Patnaik Open Air Ashram,
Jamujhari, Khurda, which is at Flag 'F' regarding
engagement of Mr. Bhabani Sankar Das, learned
counsel and his associates in place of earlier engaged
counsel.
Mr. Das, learned counsel has already filed
Vakalatanama on behalf of the appellants, which is on
record.
Accordingly, the names of Mr. B.K. Ragada,
learned counsel and his associates shall not be
reflected in the cause list henceforth.
( S.K. Sahoo)
Judge
( S. S. Mishra)
Judge
06. This is an application under section 389 of Cr.P.C. for
grant of bail.
Heard.
Perused the impugned judgment.
The appellants-petitioners have been convicted for
the offence punishable under sections 302/307/34 of the
I.P.C. and sentenced to undergo imprisonment for life and
to pay a fine of Rs.20,000/- (rupees twenty thousand), in
default, to undergo further R.I. for a period of one year for
the offence under section 302/34 of the I.P.C. and R.I. for
a period of three years and to pay a fine of Rs.5000/- (five
thousand), in default, to undergo further R.I. for a period
of six months for the offence under section 307/34 of the
Indian Penal Code and both the substantive sentences
were directed to run concurrently by the learned Sessions
Judge, Balangir vide judgment and order dated
20.12.2013 passed in Sessions Case No.11 of 2008.
Learned counsel for the petitioners submitted that
the petitioners were taken into judicial custody in
connection with this case on 12.07.2007 and neither he
was on bail during trial nor he was granted bail during
pendency of the appeal and as such, they have remained
in judicial custody for more than eighteen years and even
though paper book has been prepared, 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 P.W.1, P.W.2 and P.W.4
are the eye witnesses to the occurrence and their
evidence is getting corroboration from the medical
evidence adduced by P.W.11, P.W.12 and P.W.15 and it is
a case of triple murder.
Considering the submissions made by the learned
counsel for the respective parties and in view of the eye
witnesses account, while not inclining to release the
petitioners on bail on merit, but taking into account the
period of detention of the petitioners in judicial custody
for more than eighteen years, we are inclined to release
the petitioners on interim bail for a period of three months
from the date of release and the petitioners shall
surrender before the learned trial Court immediately on
expiry of the three months period.
For the above period, let the appellants-petitioners
be released on interim bail in the aforesaid case on
furnishing bail bond of Rs.20,000/-(rupees twenty
thousand) each with two local solvent sureties each for
the like amount to the satisfaction of the learned trial
Court subject to condition that they shall not indulge in
any criminal activities in any manner.
Violation of any of the conditions shall entail
cancellation of interim bail.
The Misc. Case is disposed of.
Let a copy of the order be communicated by the
Registrar (Judicial) to the Superintendent, Biju Patnaik
Open Air Ashram, Jamujhari, Khurda and also to the
learned Sessions Judge, Balangir by e-mail forthwith for
compliance.
A free copy of the order be handed over to the
learned counsel for the State for compliance.
( S.K. Sahoo)
Judge
( S. S. Mishra)
Judge
07. This is an application for stay of realization of fine.
Heard.
There shall be stay of realization of fine amount
imposed on the appellants-petitioners by the learned
Sessions Judge, Balangir vide judgment and order
dated 20.12.2013 passed in Sessions Case No.11 of
2008.
The Misc. Case is disposed of.
Issue certified copy as per rules.
( S.K. Sahoo)
Judge
( S. S. Mishra)
Judge
Pravakar
Location: HIGH COURT OF ORISSA, CUTTACK
