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Orissa High Court
Deba Majhi And Others vs State Of Odisha on 16 April, 2025
Author: B. P. Routray
Bench: B. P. Routray
Signature Not Verified
Digitally Signed
Signed by: MANAS KUMAR PANDA
Designation: Personal Assistant
Reason: Authentication
Location: OHC, Cuttack
Date: 17-Apr-2025 13:04:56
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.47 of 2020
Deba Majhi and Others .... Appellants
Mr. B. Panda, Advocate for Appellant No.1
Ms. S. Jena, Advocate for Appellant No.8
-versus-
State of Odisha .... Respondent
Ms. B.L. Tripathy, Addl. Standing Counsel
CORAM:
HON'BLE MR. JUSTICE B. P. ROUTRAY
HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
16.4.2025
Order No.
I.A. No.3012 of 2024
21. 1. Heard Mr. B. Panda, learned counsel for Appellant No.1 and
Ms. B.L. Tripathy, learned ASC for State.
2. Present application for interim bail of Appellant No.1 is
placed before this Bench as per direction of Hon’ble The Chief
Justice dated 2nd April, 2025.
3. This application under Sec.389 Cr.P.C. has been filed by
Petitioner – Appellant No.1, namely, Deba Majhi for grant of
interim bail pending appeal on the ground that presently his
mother, who is an elderly woman, is suffering from severe
hemiplegia and CVA. She was admitted to District Headquarters
Hospital, Rayagada and after being discharged is undergoing
treatment.
Page 1 of 4
Signature Not Verified
Digitally Signed
Signed by: MANAS KUMAR PANDA
Designation: Personal Assistant
Reason: Authentication
Location: OHC, Cuttack
Date: 17-Apr-2025 13:04:56
4. The Petitioner – Appellant No.1 along with eight others have
been convicted by the learned Sessions Judge, Rayagada in CT
No.54 of 2018 for commission of offences under Sections
147/148/323/354/364/302/149 of I.P.C. and sentenced to undergo
R.I. for life along with fine.
5. It is submitted on behalf of the Petitioner that he is inside
custody since 9th December, 2017 and seeks to be released on
interim bail for facilitating treatment of his ailing mother.
6. Considering the prayer of the Petitioner and upon hearing Ms.
Tripathy, learned ASC who submits upon instructions that the
mother of Appellant No.1 is in ailment, we are inclined to release
Appellant No.1, namely Deba Majhi on interim bail for a period
of two months from the date of his release pending appeal, in the
aforesaid case on such terms and conditions as may be deemed
just and proper by the learned Sessions Judge, Rayagada
including the conditions that the Petitioner shall not be involved
in any other offence while on bail.
7. It is made clear that the Petitioner (Appellant No.1) shall
surrender before the learned Sessions Judge on or before 17th
June, 2025, failing which learned Sessions court shall take all
appropriate steps including issuance of NBW of Arrest to
apprehend the Petitioner.
8. The I.A. is disposed of.
Page 2 of 4
Signature Not Verified
Digitally Signed
Signed by: MANAS KUMAR PANDA
Designation: Personal Assistant
Reason: Authentication
Location: OHC, Cuttack
Date: 17-Apr-2025 13:04:56
I.A. No.397 of 2025
22. 9. Heard Ms. J. Jena, learned counsel for the Petitioner –
Appellant No.8 and Ms. Tripathy, learned ASC for State.
10. This application under Sec.389 Cr.P.C. has been filed by
Petitioner – Appellant No.8, namely, Nari Majhi for grant of
interim bail pending appeal.
11. The Petitioner – Appellant No.8 along with eight others have
been convicted by the learned Sessions Judge, Rayagada in CT
No.54 of 2018 and sentenced to undergo R.I. for life along with
fine for commission of offences under Sections 147/148/323/354/
364/302/149 of I.P.C.
12. It is submitted by Ms. Jena that present Petitioner, namely
Nari Majhi seeks his release on interim bail on the ground that his
father is ailing and suffering from severe muscle ache associated
with other health conditions.
13. It is seen that this Petitioner was inside custody since 5th
December, 2017. While he was in custody upon conviction, he
was released on interim bail for a period of fifteen days vide order
dated 25th March 2021 of this court and accordingly released from
custody on 6th April 2021. Thereafter he did not surrender after
completion of the interim bail period, but surrendered on 16th
February, 2024.
14. Ms. Tripathy, learned ASC submits upon instruction that this
Petitioner after his release on interim bail went absconded and
Page 3 of 4
Signature Not Verified
Digitally Signed
Signed by: MANAS KUMAR PANDA
Designation: Personal Assistant
Reason: Authentication
Location: OHC, Cuttack
Date: 17-Apr-2025 13:04:56
after several raids conducted by police and with much difficulty
he surrendered before the court in February, 2024.
15. Keeping in view the submissions made by learned ASC and
taking note of previous conduct of present Petitioner that he
remained absconded after availing interim bail for around 4 years,
we are not inclined to release the Petitioner (Appellant No.8,
namely, Nari Majhi) on interim bail. Accordingly his prayer for
interim bail is rejected.
16. The I.A. is dismissed.
CRLA No.47 of 2020
23. 17. List this appeal for hearing before the regular Roster Bench.
(B.P. Routray)
Judge
(Savitri Ratho)
Judge
M.K. Panda
Page 4 of 4
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