Mohan Rout vs State Of Odisha on 24 January, 2025

Orissa High Court

Mohan Rout vs State Of Odisha on 24 January, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                             JCRLA No.46 of 2019

              Mohan Rout                                .... Appellant/
                                                           Petitioner
                                   Mr. A.K. Sahoo,
                                   Advocate

                                            -versus-
              State of Odisha                           .... Respondent/
                                                           Opp. Party
                                   Mr. Jateswar Nayak,
                                   Addl. Govt. Advocate

                            CORAM:
              THE HON'BLE MR. JUSTICE S.K. SAHOO
            THE HON'BLE MISS. JUSTICE SAVITRI RATHO
                             ORDER

Order No.                  24.01.2025

                             I.A. No.302 of 2024
   06.            This    matter       is    taken      up     through      Hybrid

arrangement (video conferencing/physical mode).

This is an application under section 389 of the
Cr.P.C. for bail.

Heard learned counsel for the petitioner and
learned counsel for the State.

The petitioner has been convicted for the
offence punishable under sections 302 of the Indian
Penal Code (hereinafter ‘the I.P.C.’) and sentenced to
rigorous imprisonment life and to pay fine of
Rs.10,000/- in default, to further go rigorous

Page 1 of 4
imprisonment for three months for offence under
section 302 of the Indian penal Code by the learned
Addl. Sessions Judge, Jharsuguda vide judgment and
order dated 06.05.2017 passed in S.T. Case No.56 of
2014.

Learned counsel for the petitioner submits that
the petitioner is in judicial custody for more than
twelve years, which is substantiated by the report
received from the Senior Superintendent Circle Jail,
Sambalpur dated 14.01.2025, which is taken on
record.

The deceased Fagulal Patel is the informant in
the case and he lodged first information report before
the I.I.C., Brajarajnagar police station on 11.06.2007
relating to an incident dated 20.05.2007 in which the
implication of the petitioner is to have assaulted him
for which a case under sections 341/323/325/506 of
the Indian Penal Code was registered. The deceased
died on 04.07.2007 and though there are two eye
witnesses to the occurrence i.e. P.W.1 and P.W.13,
but P.W.1 has stated that the petitioner assaulted the
deceased by fist and kick blow causing fracture of the
pelvis bone, but P.W.13 has stated that there was an
altercation between the appellant and the deceased
and the appellant caught hold of the neck of the
deceased and pushed him on the earth.

Page 2 of 4

Learned counsel submits that the doctor, who
treated the petitioner at the first instance is also the
doctor, who declared him dead i.e. P.W.6 and he has
stated that the cause of death was due to septicaemia
due to cardio respiratory failure. It is argued by the
learned counsel for the petitioner that taking into
account the background of the case and the post
mortem examination finding, it cannot be said that the
ingredients of the offence under section 302 of the
Indian Penal Code are satisfied and since the
petitioner has remained in judicial custody for more
than twelve years, the bail application of the
appellant-petitioner may be favourably considered.

Learned counsel for the State opposed the
prayer for bail and placed the evidence of P.W.1,
P.W.13, P.W.6 and P.W.16.

Considering the submissions made by the
learned counsel for the respective parties, nature of
evidence adduced during trial, the surrounding
circumstances under which the incident is alleged to
have occurred, the post mortem report findings and
the period of detention of the petitioner in judicial
custody, we are inclined to release the petitioner on
bail.

Let the petitioner be released on bail pending
disposal of the appeal on furnishing bail bond of
Page 3 of 4
Rs.20,000/- (rupees twenty thousand) with one
solvent surety for the like amount to the satisfaction
of the learned trial Court with such terms and
conditions as the learned trial Court may deem just
and proper and including the condition that he shall
not indulge in any criminal activities.

Violation of any of the terms and conditions
fixed shall entail cancellation of bail.

The I.A. is disposed of.

( S.K. Sahoo)
Judge

(Savitri Ratho)
Judge

Rajesh

Signature Not Verified
Digitally Signed
Signed by: RAJESH KUMAR BADHEI Page 4 of 4
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 27-Jan-2025 17:10:05