Marsingh Hesa & Others vs State Of Odisha
2025 Latest Caselaw 8503 Ori

Orissa High Court

Marsingh Hesa & Others vs State Of Odisha on 19 September, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                               JCRLA No.39 of 2010

              Marsingh Hesa & others           ....    Appellants/
                                                     Petitioners

                                      Mr. S.K. Pattnaik, Advocate

                                    -versus-

              State of Odisha                  ....   Respondent/
                                                    Opp. Party

                                  Mr. Partha Sarathi 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.29 of 2018

07. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This is an application for bail filed by the appellant- petitioner no.1.

The appellants-petitioners have been convicted under section 302/34 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/- (Rupees five thousand) each, in default, to undergo S.I. for six months hence by the learned Adhoc Additional Sessions Judge, Fast Track Court, Champua in Sessions Trial No.25/82 of 2009.

Learned counsel for the State has produced the written

instruction dated 23.07.2025 from the IIC, Barbil Police Station which shows that there is no other criminal antecedents against the petitioner no.1 Marsing Hesa. He has also produced the custody certificate from the Superintendent, Sub-Jail, Champua, which indicates that the petitioner no.1 is in judicial custody for 16 years, 03 months and 04 days. The said written instruction is taken on record.

Considering the period of detention of the petitioner no.1 in judicial custody and absence of any chance of early hearing of the Jail Criminal Appeal in the near future, we are inclined to release the petitioner no.1- Marsing Hesa on bail.

Let the appellant-petitioner no.1- Marsingh Hesa be released on bail pending disposal of the appeal 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.

The order be communicated to the learned trial Court and copy of this order be also handed over to the learned counsel for the State, which will be forwarded to the concerned Jail Superintendent.

Accordingly, the I.A. is disposed of. Urgent certified copy of this order be granted as per rules.

( S.K. Sahoo) Judge

( S.S. Mishra) Judge

08. This is an application for suspension of sentence and stay realization of the fine imposed by the learned trial Court against the petitioner.

Heard.

There shall be stay of realization of fine amount imposed by the learned trial Court on the appellant-petitioner pursuant to the judgment and order dated 19.01.2010 passed by the learned Adhoc Additional Sessions Judge, Fast Track Court, Champua in Sessions Trial No.25/82 of 2009 till disposal of the criminal appeal.

The I.A. is disposed of.

The name of Mr. U.R. Padhi, Advocate shall not be reflected in the cause list henceforth.

( S.K. Sahoo) Judge

( S.S. Mishra) bhasis Judge

Designation: Personal Assistant

Location: High Court of Orissa, Cuttack. Date: 19-Sep-2025 18:45:39