Orissa High Court
Musiya Gomango vs State Of Odisha on 19 September, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.793 of 2017
Musiya Gomango ..... Appellant/
Petitioner
Mr. Prasanta Kumar Jena,
Advocate
-versus-
State of Odisha ..... Respondent/
Opp. Party
Mr. Jateswar Nayak,
Addl. Govt. Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
ORDER
Order No.
19.09.2025
09. 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.
Perused the impugned judgment.
Signed by: RAJESH KUMAR BADHEI
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA,
offences punishable under section 302/34 of I.P.C. and
CUTTACK
Date: 20-Sep-2025 16:45:11
section 25(1-B)(a) of the Arms Act and sentenced him to
undergo imprisonment for life and to pay a fine of Rs.5,000/-
(rupees five thousand), in default, to undergo R.I. for a
further period of one year for the offence under section 302
of the I.P.C., to undergo rigorous imprisonment for a period
of one year and to pay a fine a fine of Rs.1,000/- (rupees one
thousand), in default, to undergo rigorous imprisonment for a
further period of three months for the offence under section
25(1-B)(a) of Arms Act and both the sentences shall run
concurrently by the learned Sessions Judge, Gajapati,
Parlakhemundi vide judgment and order dated 18.10.2017 in
S.C. No.06 of 2015(A).
In pursuance of the order dated 20.08.2025, the
Inspector in-charge, R. Udayagiri police station, Dist-Gajapati
has filed an affidavit, wherein it is stated that he could not
indicate in the report about R. Udayagiri P.S. case no.20 of
2006, which was instituted against the petitioner as during
verification of CCTNs data, criminal antecedent prior to the
year 2014 was not available as not uploaded and the criminal
reference data of the accused persons including the appellant
is available in the CCTNs after 2014 and it was an inadvertent
mistake in submitting the report and he has also begged
unconditional apology for the same.
We accept the affidavit filed by the Inspector in-charge,
R. Udayagiri police station, Dist-Gajapati.
Learned counsel for the petitioner submits that the
petitioner was taken into judicial custody in connection with
this case on 23.09.2004 and the co-accused Rupen Mandal
has been admitted to be released on bail vide order dated
16.12.2020 while rejecting the application for bail of the
present petitioner. Learned counsel further submits that
though the petitioner while in judicial custody was granted
furlough leave on several occasions and after availing the
same, he surrendered at right time and since there is no
chance of hearing of the appeal in the near future, the bail
application of the petitioner may be favourably considered.
Learned counsel for the State has produced the written
instruction dated 12.05.2025 received from the
Superintendent, Sub-Jail, Paralakhemundi, which indicates as
follows:
"This is to certify that, the Convict Musiya
Gamango, S/o-Ganga Gamango of Vill-Latingi,
P.S. R.Udayagiri, Dist-Gajapati is now confined in
Sub Jail, paralakhemundi in Case
no.S.C.06/2005(A) and undergoing sentence
Rigorous Imprisonment for Life. During his
confinement period in Sub Jail, Paralakhemundi,
he has availed Furlough Leave for 04 (four) times
i.e. 24.06.2020 to 07.07.2020, 13.03.2021 to
26.03.2021, 10.02.2024 to 23.02.2024,
28.10.2024 to 17.11.2024 and availed Special
Furlough leave one time i.e. from 25.05.2021 to
28.03.2023 (during Covid pandemic) and
surrendered himself in time after availing leave
each period. During the period of confinement in
Sub Jail, Paralakhemundi, it is seen that, his
behavior, conduct and attitude is discipline and
highly satisfactory. No adverse remark has yet
been reported against him."
The written instruction is taken on record.
Considering the period of detention and the release of
the co-accused on bail and conduct of the petitioner in
surrendering at right time after availing the Furlough leave
and his conduct as per the report submitted by the
Superintendent, Sub-Jail, Paralakhemundi and in 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 his release. The
petitioner shall immediately surrender before the learned
Court below on expiry of the said three months period.
Let the appellant-petitioner be released on interim bail
for a period of three months to the satisfaction of the learned
trial Court in connection with 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 including the condition that he shall
not indulge in any criminal activities while on interim bail.
Violation of any of the conditions shall entail
cancellation of bail.
The I.A. is disposed of accordingly.
( S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
10. List this matter in the week commencing from
05.01.2026.
Learned counsel for appellant shall file the surrender
certificate of appellant by the next date.
Learned counsel for the State shall obtain instruction
regarding the conduct of the petitioner while on interim bail.
Urgent certified copy of this order be granted as per
rules.
( S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
Rajesh
