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Orissa High Court
Mangu @ Mangunath vs State Of Odisha on 8 April, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1028 of 2022
Mangu @ Mangunath .... Appellant/
Munda Petitioner
Mr. Saroj Kumar Routray,
Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Partha Sarathi Nayak,
Addl. Government Advocate
CORAM:
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
AND
HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 08.04.2026
(Hybrid mode)
I.A. No.2585 of 2025
08. 1. This is an application for bail
2. Heard Mr. Saroj Kumar Routray, learned counsel
appearing for the appellant and Mr. Partha Sarathi Nayak,
learned Additional Government Advocate for the State.
3. Pursuant to the order dated 20.02.2026, the
Superintendent, District Jail, Keonjhar has placed on
record the report dated 08.03.2026 indicating therein that
the conduct of the appellant in the jail is satisfactory and
he has no criminal antecedents. It is further reveals from
the custody certificate that the appellant has already
undergone custody of nine years and seven months as on
the date of issuance of the certificate. The reports are
taken on record.
4. The prosecution set the criminal law in motion
against the appellant and one Ms.Surya Munda on the
allegation that the appellant in connivance with the co-
accused Surya Munda committed murder of his wife Barsa
Munda. It is alleged that the appellant strangulated Barsa
Munda to death by using her 'saree'. The learned trial
court after analyzing the evidence on record arrived at the
conclusion that the prosecution could not prove its case
beyond all reasonable doubt against the co-accused Surya
Munda and accordingly she was acquitted. However, the
present appellant has been convicted for offence
punishable under Section 302 of IPC and accordingly
sentenced him to undergo rigorous imprisonment for life
and to pay a fine of Rs.50,000/- (rupees fifty thousand), in
default to undergo R.I. for one year. Against the said
impugned judgment of conviction and order of sentence
dated 12.04.2022 passed by the learned Sessions Judge,
Keonjhar in S.T. No. 213 of 2016, the present appeal has
been filed and is pending since 2022. The convict-
appellant by the present application is seeking suspension
of sentence during pendency of the appeal.
5. Learned counsels appearing for both the parties
have taken us to the evidence available on record to
substantiate their case.
6. We have perused the evidence. In the present case,
there is no direct evidence available on record against the
appellant. However, from the circumstantial evidence and
from the evidence of post occurrence witnesses, it is
established that the present appellant had a strained
relationship with his wife, the deceased. The hostility
between them had increased when the appellant started
keeping relationship with the co-accused. According to the
prosecution witnesses, the co-accused has been staying
with the appellant as a concubine and because of her
involvement in the family of the appellant and his wife,
there used to be repeated quarrel happening quite often
which eventually led to the occurrence. The evidence of
the doctor (P.W.8) lends support to the prosecution story.
The evidence of P.W.8 reveals that the cause of death was
asphyxia due to strangulation by ligature. The death of the
wife of the appellant was homicidal in nature.
7. Regard being had to the nature of evidence and
period of custody of the appellant and the fact that the
appeal has been pending since 2022 and there is no
probability of the appeal being heard in the near future
and keeping in view the principles laid down by this Court
in Leti @ Jayadeb Roy and another Vrs. The State
reported in (1990) 3 Orissa Criminal Reports 427,
we are inclined to release the convict-appellant on interim
bail for a period of three months from the date of his
actual release. The appellant shall surrender before the
learned trial court on expiry of three months period.
For the above period, let the convict-appellant be
released on interim bail in the aforesaid case on furnishing
bail bond of Rs.50,000/-(rupees fifty thousand) with one
local solvent surety for the like amount to the satisfaction
of the learned trial Court subject to condition that while on
interim bail the convict-appellant shall not indulge in any
criminal activities in any manner and any other condition
to be imposed by the learned trial court as deem fit and
proper in the facts and circumstances of the case..
Violation of any of the conditions shall entail
cancellation of interim bail.
The I.A. is disposed of accordingly.
8. Issue urgent certified copy of this order as per rules.
(Manash Ranjan Pathak)
Judge
(Sibo Sankar Mishra)
Judge
09. 1. List this matter after three months.
2. Learned counsel for the appellant shall file the
Surrender Certificate of the appellant on the next date.
(Manash Ranjan Pathak)
Judge
(Sibo Sankar Mishra)
Ashok Judge
Signed by: ASHOK KUMAR JAGADEB MOHAPATRA
Location: High Court of Orissa
Date: 09-Apr-2026 15:22:27
