Biranchi Majhi & Ors vs State Of Odisha
2026 Latest Caselaw 198 Ori

Orissa High Court

Biranchi Majhi & Ors vs State Of Odisha on 9 January, 2026

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                         CRLA No.123 of 2018

        Biranchi Majhi & Ors.            ....                     Appellants
                                                      Ms. E. Routray, Advocate
                                      -versus-

        State of Odisha                  ....                    Respondent
                                                        Mr. C.K. Pradhan, AGA


                              CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY
                                        ORDER

09.01.2026

Order No. I.A. No.3064 of 2025

21. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. This is an application seeking grant of interim bail on the ground indicated in the petition.

3. It is contended that only elder brother of appellant no.2 has died on 25.08.2025 and after the death of his elder brother there is nobody to look after his ailing parent.

4. It is also contended that appellant No.2's father is suffering from Kidney problem and on that issue appellant No.2 was allowed to interim bail for a period of fifteen (15) days vide order dtd.23.12.2022 of this Court.

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4.1. It is further contended that after completion of the interim bail period, appellant No.2 duly surrendered and he has not violated the order passed by this Court.

4.2. It is accordingly contended that since there is nobody to look after the old and ailing parents of the appellant no.2 and his father requires immediate medical treatment for his kidney related issues, appellant No.2 be released on interim bail for a period of three(3) months on any such terms and conditions as deem fit and proper.

5. Learned Addl. Government Advocate for the State on the other hand contended that vide the impugned judgment dtd.05.12.2017 so passed by the learned 1st Addl. Sessions Judge, Rourkela in S.T. Case No.2 of 2017 arising out of Brahmanitarang P.S. Case No.210 of 2016, appellants have been convicted to undergo RI for 20 years for the offence under Sections-376(d), 395/34 of IPC. It is accordingly contended that appellant No.2 is not entitled to get the benefit of interim bail any further.

6. To the submission made by the learned Addl. Government Advocate, learned counsel appearing for the appellant No.2 contended that appellant No.2 in the meantime has already undergone more than 9 years of substantive sentences and he has also not violated the interim bail granted by this Court for a period of fifteen(15) days vide order dtd.23.12.2022.

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7. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court is inclined to direct for release of the appellant No.2 on interim bail for a period of two(2) months on such terms and conditions as deem fit and proper by the Court in seisin. However, appellant No.2 is directed to surrender immediately after completion of the interim bail period without fail.

8. Accordingly, the I.A stands disposed of.

(Biraja Prasanna Satapathy) Judge

Subrat

Location: HIGH COURT OF ORISSA, CUTTACK