Orissa High Court
Ganesh Panigrahi @ Tilu vs State Of Odisha on 18 August, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1203 of 2024
Ganesh Panigrahi @ Tilu .... Appellant/
Petitioner
Mr. Milan Kanungo, Senior
Advocate and Mr. Lalatendu
Samantaray, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Jateswar Nayak,
Addl. Government Advocate and
Mr. Debi Prasad Dhal, Senior
Advocate along with Mr. Haripad
Mohanty, Advocate for the
informant
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S.S. MISHRA
ORDER
Order No. 18.08.2025
I.A. No.3023 of 2024
06. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This is an application for bail.
Heard Mr. Milan Kanungo, learned Senior
Advocate and Mr. Lalatendu Samantaray, learned
counsel appearing for the appellant-petitioner, Mr.
D.P. Dhal, learned Senior Advocate along with Mr.
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Haripad Mohanty, learned counsel appearing for the
informant and Mr. Jateswar Nayak, learned counsel
appearing for the Respondent- State.
The appellant-Ganesh Panigrahi @ Tilu has
been convicted under sections 147/148/302/149 of
the Indian Penal Code and under Sections 3 & 4 of the
Explosive Substances Act, 1908 and sentenced to
undergo imprisonment for life and to pay fine of
Rs.10,000/- (Rupees ten thousand), in default, to
undergo R.I. for one year for the offences punishable
under Sections 302/149 of the Indian Penal Code and
to undergo R.I. for six months and to pay fine of
Rs.1,000/- (Rupees one thousand), in default, to
undergo R.I. for one month for the offence punishable
under Section 147 of the Indian Penal Code, to
undergo R.I. for six months and to pay fine of
Rs.1,000/- (Rupees one thousand), in default, to
undergo R.I. for one month for the offence under
Section 148 of the Indian Penal Code, to undergo R.I.
for ten years and to pay fine of Rs.5,000/- (Rupees
five thousand), in default, to suffer R.I. for six months
for the offence under Section 3 of the Explosive
Substances Act, 1908 and to undergo R.I. for seven
years and to pay fine of Rs.5,000/- (Rupees five
thousand), in default, to undergo R.I. for six months
for the offence under Section 4 of the Explosive
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Substances Act, 1908 by the learned Sessions Judge,
Ganjam, Berhampur in Sessions Trial No.19 of 2014.
It is argued on behalf of the petitioner that the
petitioner was on bail during the trial and there is no
allegation of misutilisation of the liberty while on bail.
It is further submitted that there are three eye
witnesses to the occurrence, i.e., P.W.1, P.W.9 and
P.W.15. But none of them have implicated the
petitioner in the commission of murder of the
deceased Shanti Prasad Mishra, which is stated to
have taken on 29.01.2013.
Learned trial Court has also found no material
about the criminal conspiracy against the petitioner
for which he has been acquitted of the charge under
Section 120B of the Indian Penal Code. However,
most strangely, the learned trial Court has convicted
the petitioner under Sections 302/149 of the Indian
Penal Code along with other offences, though there
are no such material on record against the petitioner
that, he was a member of the unlawful assembly and
that the murder was committed in furtherance of the
common object and that he was a member of unlawful
assembly. He further submits that there are good
chances of success in the case and the balance of
convenience is in favour of the petitioner, therefore,
the bail application may be favourably considered.
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Learned counsel for the State has placed
evidence of the eye witnesses.
Considering the submissions made by the
learned counsel for the respective parties, the fact
that the petitioner was on bail during trial and there is
no material that he has misutilised his liberty in any
manner while on bail and the nature of evidence
adduced and the fact that there is no chance of any
early hearing of the 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.
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)
Signature Not Verified Judge
Digitally Signed
Signed by: SUBHASIS MOHANTY
Designation: Personal Assistant
Subhasis
Reason: Authentication
Location: High Court of Orissa, Cuttack.
Date: 18-Aug-2025 19:39:28
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