Budhu @ Kailash Munda vs State Of Odisha
2025 Latest Caselaw 8647 Ori

Orissa High Court

Budhu @ Kailash Munda vs State Of Odisha on 23 September, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                         JCRLA No.13 of 2020
              Budhu @ Kailash Munda    ....    Appellant/
                                             Petitioner

                                  Mr. Satya Narayan Mishra 4,
                                  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 S.S. MISHRA
                                    ORDER

Order No.                         23.09.2025
                              I.A. No.225 of 2025
   04.           This    matter    is    taken     up   through    Hybrid

arrangement (video conferencing/physical mode).

This is an application for bail.

Heard Mr. Satya Narayan Mishra 4, learned counsel appearing for the appellant-petitioner and Mr. Sarat Chandra Pradhan, learned Additional Standing Counsel appearing for the State.

The appellant-petitioner Budhu @ Kailash Munda has been convicted under section 302/201 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/-

(Rupees ten thousand), in default, to undergo R.I. for six months more for the offence under Section 302 of the Indian Penal Code and sentenced to undergo R.I. for two years and to pay fine of Rs.3,000/- (Rupees three thousand), in default, to undergo R.I. for one month more for the offence under Section 201 of the Indian Penal Code by the learned Sessions Judge, Keonjhar in Sessions Trial No.205 of 2016.

Learned counsel for the State has produced the custody certificate of the petitioner from the Superintendent, District Jail, Keonjhar which shows that the petitioner is in judicial custody for more than nine years. The custody certificate is taken on record.

Considering the submissions made by the learned counsel for the petitioner that the case is based on circumstantial evidence and the main evidence against the petitioner is last seen, the extra judicial confession before the villagers and after hearing learned counsel for the State and since there is no chance of early hearing of the Jail Criminal Appeal in the near future, we are inclined to release the petitioner on bail.

Let the appellant-petitioner 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

05. This is an application for stay realization of fine.

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 06.02.2020 passed by the learned Sessions Judge, Keonjhar in Sessions Trial No.205 of 2016.

The I.A. is accordingly disposed of.

( S.K. Sahoo) Judge

Designation: Personal Assistant ( S.S. Mishra)

Location: High Court of Orissa, Cuttack.

Subhasis Judge Date: 23-Sep-2025 20:01:22