Orissa High Court
Siba @ Durga Marandi 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.20 of 2022
Siba @ Durga Marandi .... Appellant/
Petitioner
Mr. Arun Kumar Das, 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.243 of 2025
03. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This is an application for bail.
Heard Mr. Arun Kumar Das, learned counsel
appearing for the appellant-petitioner and Mr. Sarat
Chandra Pradhan, learned Additional Standing Counsel
appearing for the State.
The appellant-petitioner Siba @ Durga Marandi
has been convicted under section 302 of the Indian
Penal Code and sentenced to undergo imprisonment
for life and to pay a fine of Rs.50,000/- (Rupees fifty
thousand), in default, to undergo R.I. for one year for
the offence under Section 302 of the Indian Penal
Code by the Sessions Judge, Keonjhar in Sessions
Trial No.103 of 2017.
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
eight years and six months. He has also produced the
written instruction dated 17.09.2025 received from
the IIC, Patna Police Station, Keonjhar to show that
there is no criminal antecedent against the petitioner.
The documents produced by the learned counsel for
the State are taken on record.
Learned counsel for the petitioner submits that
the case is based on circumstantial evidence and the
main circumstance is threat given by the petitioner to
the deceased with dire consequences after quarrel and
there is also recovery of the weapon of offence with
blood at the instance of the appellant. Learned
counsel for the petitioner further submits that the
petitioner has a good chance of success in the appeal
and the balance of convenience is in his favour and
there is no chance of any early hearing of the Jail
Criminal Appeal in the near future, therefore, the bail
application may be favourbly considered.
Learned counsel for the State opposed the
prayer made by the learned counsel for the petitioner.
Considering the submissions made by learned
counsels for the respective parties, the nature of
evidence adduced by the prosecution, absence of any
direct evidence against the petitioner, nature of the
circumstantial evidence on record and the period of
detention of the petitioner in the 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 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
04.
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
31.01.2022 passed by the learned Sessions Judge,
Keonjhar in Sessions Trial No.103 of 2017.
The I.A. is accordingly disposed of.
( S.K. Sahoo)
Judge
( S.S. Mishra)
Judge
Subhasis
Designation: Personal Assistant
Location: High Court of Orissa, Cuttack.
Date: 23-Sep-2025 20:01:22
