Orissa High Court
Krushna Chandra 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.145 of 2019
Krushna Chandra .... Appellant/
Panigrahi Petitioner
Mr. Shyam Manohar, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. P.S. Nayak,
Addl. Government Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S.S. MISHRA
ORDER
Order No. 19.09.2025
I.A. No.443 of 2019
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.
Heard the learned counsel for the appellant-
petitioner and learned counsel for the State.
Perused the impugned judgment.
The appellant-petitioner has been convicted for
commission of the offences punishable under section
302 of the Indian Penal Code and section 4 of the D.P.
Act 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 of
the Indian Penal Code and S.I. for a period of one
year and to pay a fine of Rs.5,000/- (rupees five
thousand), in default, to undergo further S.I. for a
period of three months for the offence under section 4
of the D.P. Act and both the sentences were directed
to run concurrently by the learned Additional Sessions
Judge, Gunupur in Criminal Trial No.95 of 2016.
Learned counsel for the petitioner submitted that
the petitioner is in judicial custody for more than nine
years, which would be evident from the custody
certificate of the Senior Superintendent of Circle Jail,
Koraput dated 04.08.2025, wherein it is mentioned
that the petitioner's conduct in jail was good. Learned
counsel further submitted that the petitioner was
granted interim bail as per order dated 25.09.2020 for
a period of twenty one days and he surrendered at
right time after availing the interim bail period.
Learned counsel further submitted that the case is
based on circumstantial evidence and there are good
chances of success in the appeal and balance of
convenience is in favour of the petitioner and since
there is no chance of early hearing of the appeal in
the near future, the bail application of the petitioner
may be favourably considered.
Learned counsel for the State, on the other hand,
opposed the prayer for bail and argued that the
petitioner is the husband of the deceased and when
the deceased was shifted to the hospital, the family
members arrived there and they found injury around
the neck of the deceased and P.W.1, the father of the
deceased so also P.W.7 has deposed to in that
respect. Learned counsel further argued that the
doctor (P.W.10), who conducted post mortem
examination also found injuries like abrasions and
scratch mark on chin and neck of the body of the
deceased and opined that the cause of death was due
to asphyxia. Learned counsel further argued that the
petitioner was staying in the company of the deceased
at the time of occurrence and no explanation has been
offered by him in the statement recorded under
section 313 of Cr.P.C. as to how the deceased
sustained such injuries.
Considering the submissions made by the
learned counsel for the respective parties, in view of
the nature of evidence available on record and the
post mortem report findings, while not inclining to
release the petitioner on bail on merit, but taking into
account his period of detention in judicial custody for
more than nine years 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 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.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 while on interim bail.
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 Padmapur
police station regarding the conduct of the petitioner
while on interim bail.
The I.A. is accordingly disposed of.
( S.K. Sahoo)
Judge
( S.S. Mishra)
Judge
10. 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.
The name of Mr. Tukuna Kumar Mishra, learned
counsel shall not be reflected in the cause list
henceforth.
Urgent certified copy of this order be granted as
per rules.
( S.K. Sahoo)
Judge
( S.S. Mishra)
Judge
RKM
Signed by: RABINDRA KUMAR MISHRA
Designation: Personal Assistant
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 20-Sep-2025 17:47:00
