Orissa High Court
Bhagaban Mahakula vs State Of Odisha on 29 October, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No.48 of 2015
Bhagaban Mahakula ..... Appellant/
Petitioner
Mr. S. Sourav,
Advocate
-versus-
State of Odisha ..... Respondent/
Opp. Party
Mr. Sarat Chandra Pradhan,
Addl. Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
ORDER
Order No.
29.10.2025
06. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
This is an application for bail.
Heard.
Perused the impugned judgment.
Signed by: RAJESH KUMAR BADHEI
The appellant-petitioner has been convicted for the
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA,
CUTTACK
Date: 30-Oct-2025 18:55:03 offences punishable under sections 457/302/324 of I.P.C. and
sentenced him to undergo imprisonment for life and to pay a
fine of Rs.10,000 (rupees ten thousand), in default, to
undergo rigorous imprisonment for further period of six
months for the offence under section 302, to undergo further
rigorous imprisonment for a period of three years and to pay
a fine of Rs.1,000/- (rupees one thousand), in default, to
undergo rigorous imprisonment for a period of three months
for the offence under section 457, to undergo further rigorous
imprisonment for a period of two years and to pay a fine of
Rs.1,000/- (rupees one thousand), in default, to undergo
rigorous imprisonment for a period of three months for the
offence under section 324 of the I.P.C. and the sentences are
directed to run concurrently by the learned Addl. Sessions
Judge, Bonai vide judgment and order dated 20.04.2015 in
Sessions Trial No.222/102/147 of 2011-2013.
Learned counsel for the petitioner submits that the
petitioner was taken into judicial custody since 18.04.2011
and as such he has remained in judicial custody for more
than fourteen years and though P.W.4 and P.W.12 were
examined as eye witnesses to the occurrence, but from the
cross-examination of those two eye witnesses, it would
indicate that they are not the eye witnesses to the
occurrence. Learned counsel further submits that the doctor,
who conducted post mortem has not been examined and the
post mortem report has been marked as Ext.14 on
admission. Learned counsel further submits that since there
are no chances of early hearing of the appeal in the near
future, the bail application of the petitioner may be
Signed by: RAJESH KUMAR BADHEI
favourably considered.
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA,
CUTTACK
Date: 30-Oct-2025 18:55:03 Learned counsel for the State, on the other hand,
opposed the prayer for bail and submits that P.W.10 is an
injured eye witness and his version is getting corroboration
from the post mortem report (Ext.14) findings.
Considering the submissions made by the learned
counsel for the respective parties, the period of detention of
the petitioner in judicial custody for more than fourteen years
and absence of any chance of early hearing of the appeal in
the near future, we are inclined to release the petitioner on
bail.
Let the appellant-petitioner be released on 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 he shall not indulge in any criminal activities
in any manner.
Violation of any of the conditions shall entail
cancellation of bail.
The I.A. is disposed of accordingly.
Let a copy of the order be communicated by the
Registrar (Judicial) to the Biju Patnaik Open Air Ashram,
Jamujhari and to the learned Addl. Sessions Judge, Bonai by
e-mail for compliance.
A free copy of the order be handed over to the learned
counsel for the State for compliance.
( S.K. Sahoo)
Judge
Signed by: RAJESH KUMAR BADHEI
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA,
CUTTACK
(S.S. Mishra)
Date: 30-Oct-2025 18:55:03
Judge
07. This is an application for stay of realization of fine.
Heard.
Considering the submissions made by the learned
counsel for the parties, let there be stay of realization of fine
amount imposed on the appellant-petitioner pursuant to the
judgment and order dated 20.04.2015 passed by the learned
Addl. Sessions Judge, Bonai in Sessions Trial No.222/102/147
of 2011-13 pending disposal of the criminal appeal.
The I.A. is disposed of.
( S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
Rajesh
Signed by: RAJESH KUMAR BADHEI
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA,
CUTTACK
Date: 30-Oct-2025 18:55:03
