Orissa High Court
Anthras Kido vs State Of Odisha on 15 September, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No.63 of 2022
Anthras Kido ..... Appellant/
Petitioner
Mr. Biswajit Nayak,
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
15.09.2025
Order No.
05. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
This is an application for bail.
Heard learned counsel for the petitioner and learned
Signed by: RAJESH KUMAR BADHEI
counsel for the State.
Reason: Authentication
Location: HIGH COURT OF ORISSA,
CUTTACK
Date: 16-Sep-2025 14:30:27 Perused the impugned judgment.
The appellant-petitioner has been convicted for the
offences punishable under sections 302/307/324 of the Indian
Penal Code (hereinafter 'the I.P.C.') and sentenced to
undergo rigorous imprisonment for life and to pay a fine of
Rs.2,000/-(rupees two thousand), in default, to undergo
further rigorous imprisonment for one month for the offence
under section 302 of I.P.C. and to undergo rigorous
imprisonment for seven years and to pay a fine of Rs.2,000/-
(rupees two thousand), in default, to undergo further rigorous
imprisonment for one month for the offence under section
307 of the I.P.C. and to undergo rigorous imprisonment for
two years for the offence under section 324 of the I.P.C. and
all the offences were directed to run concurrently by the
learned Sessions Judge -cum- Special Judge, Sundargarh vide
judgment and order dated 21.06.2022 passed in Sessions
Trial Case No.116 of 2016.
Learned counsel for the State has produced the custody
certificate of the petitioner received from the Superintendent,
District Jail, Sundargarh dated 09.09.2025, which indicates
that the petitioner is in judicial custody for nine years nine
months, which is taken on record.
Learned counsel for the petitioner argued that so far as
commission of murder of the deceased wife Elizabeth Kido is
concerned, it is based on circumstantial evidence and the
appeal is not likely to be taken for early hearing in the near
future, therefore, the bail application of the petitioner may be
favourably considered.
Learned counsel for the State submits that the
petitioner assaulted P.W.16 (Nuel Kido) by means of an axe
for which he further faced trial under section 307 of the I.P.C.
and the learned trial Court also found him guilty for such
offence and the evidence of the doctor (P.W.18), who
conducted post mortem examination as well as the doctor
(P.W.15), who medically examined are also very relevant
from this aspect.
Considering the submissions made by the learned
counsel for the respective parties, nature of evidence
available on record, the post mortem report findings, while
not inclining to release the petitioner on bail on merits but
taking into account the period of detention of the petitioner in
judicial custody for more than nine years nine months and
absence of any chance of early hearing of the appeal in the
near future, we are inclined to release the petitioner on
interim bail for a period of three months from the date of
release. The petitioner shall immediately surrender before the
learned Court below on expiry of the said 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 he shall not
indulge in any criminal activities in any manner.
Violation of any of the condition shall entail cancellation
of bail.
Learned counsel for the State shall produce the report
from the Inspector in-charge of Talsara police station
regarding the conduct of the petitioner while on interim bail.
The I.A. is disposed of accordingly.
( S.K. Sahoo)
Judge
(S. S. Mishra)
Judge
06. 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 21.06.2022 passed by the learned
Sessions Judge -cum- Special Judge, Sundargarh in Sessions
Trial Case No.116 of 2016 pending disposal of the criminal
appeal.
The I.A. is disposed of.
( S.K. Sahoo)
Judge
(S. S. Mishra)
Judge
07. List this matter in the week commencing from
05.01.2026.
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
Rajesh
