Orissa High Court
Madhusudan Bag vs State Of Odisha ….. Opp. Party on 7 February, 2025
Author: Savitri Ratho
Bench: Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 11280 of 2024
Madhusudan Bag ..... Petitioner
Mr. B.B. Routray, Advocate
Vs.
State of Odisha ..... Opp. Party
Ms. Sarita Moharana, A.S.C.
CORAM:
JUSTICE SAVITRI RATHO
ORDER
07.02.2025
Order No. (Through hybrid mode)
04.
1. This is the second application of the petitioner under Section
439 of Cr.P.C. in this Court in connection with Bijepur P.S. Case
No.86 of 2023 corresponding to G.R. Case No.217 of 2019, pending
in the Court of the learned J.M.F.C., Sohela where chargesheet has
been filed under Sections 147, 148, 341, 294, 323, 336, 307, 302,
506 and 149 of IPC against the petitioner and six others namely,
Satya Bag, Rajendra Bag, Jagdish Tandi, Somanath Tandi, Subash
Tandi and Dilkumari Bag. It appears that on account of non-
submission of chemical examination report, the case could not be
committed for which a report has been called for from the S.P.,
Bargarh as well as the RFSL regarding the reasons for non-
submission of the chemical examination report.
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2. BLAPL No. 10941 of 2023 filed earlier by the petitioner had
been dismissed on 10 .10.2023 granting him liberty to move for bail
after framing of charge.
3. Thereafter the prayer for bail of the petitioner has been
rejected on 24.08.2024 by the learned Additional Sessions Judge,
Padampur for which the present bail application has been filed.
4. Perused the letter dated 18.01.2025 of the Deputy Director,
RFSL, Sambalpur wherein it is stated that due to huge pendency and
shortage of manpower, examination work is delayed. It is further
stated that if any priority letter received from the Courts/
Superintendent of Police or Police Station, the said case is examined
on out of turn. After receipt of the letter of the IIC, Bijepur Police
Station on 10.01.2025, the case was taken for examination on
priority basis. As the case needs examination of the exhibits in
DNA Division of State FSL, Bhubaneswar, necessary steps have
been taken for the purpose and the final CE report will be ready on
22.01.2025.
5. The allegation against the petitioner is that on 10.04.2023
at about 4.00 p.m. when the husband of the informant, Krushna
Bag had brought earth from the village pond and came in front of
the house of Satya Bag, Satya Bag raised protest resulting in
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altercation between them. The petitioner who is the son of Satya
Bag, started abusing the husband of the informant and when
Mamata Bag (deceased) who is the sister-in-law of the informant
asked them as to why they were quarreling, the petitioner rushed
to her and assaulted her with a wooden post on her head resulting
in bleeding injuries. When the informant and other witnesses
protested the accused persons assaulted them. Mamata Bag died
during treatment on the same day for which the case has been
registered under Sections 147, 148, 341, 294, 323, 336, 307, 302,
6. Mr. B.B. Routray, learned counsel for the petitioner submits
that the petitioner is in custody since 11.04.2023 and even accepting
the prosecution case to be true it is apparent that the incident was on
account of a quarrel between the deceased and the family members
of the petitioner because the deceased was bringing earth on a tractor
in front of the house of the petitioner. He further submits that it is
the prosecution case that on getting annoyed the petitioner used a
wooden post to assault the deceased once. He further submits that all
the other accused persons are on bail and the case has not yet been
committed on account of the failure of the prosecution to submit the
chemical examination report and the petitioner has no criminal
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antecedents.
7. Ms. Sarita Moharana, learned Additional Standing Counsel
opposes the prayer for bail stating that the petitioner has assaulted
the deceased with the wooden post on her head and the injury caused
by such blow resulted in her death. So an offence under Section 302
of IPC is squarely made out against him. She further submits that in
the meanwhile the chemical examination report has been prepared
and received from the SFSL, Bhubaneswar as per the report of the
Deputy Director, RFSL, Sambalpur.
8. Considering the nature of allegations against the petitioner,
the genesis of the occurrence, the delay in commencement of the
trial due to non-receipt of the CE examination report and the period
the petitioner has remained in custody, I am inclined to allow his
prayer for bail.
9. The petitioner – Madhusudan Bag shall be released on bail on
such terms and conditions as may be fixed by the learned Court
below in seisin over the matter subject to verification that he has no
criminal antecedent, including the following conditions:
(i) He will not commit any offence while on bail.
(ii) He will not try to influence or threaten the prosecution
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witnesses.
(iii) He will remain present in the trial Court on each date it
is fixed for trial.
Violation of any condition, will entail in cancellation of
bail.
10. The BLAPL is accordingly disposed of.
(Savitri Ratho)
Judge
puspa
Signature Not Verified
Digitally Signed
Signed by: PUSPANJALI MOHAPATRA
Reason: Authentication
Location: Orissa High Court
Date: 10-Feb-2025 18:59:21
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