Orissa High Court
Sankar Gouda @ Siba vs State Of Orissa & Another on 21 April, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.277 of 2025
Sankar Gouda @ Siba ... Appellant
Mr. S.K.Pattnaik, Advocate
-versus-
State of Orissa & another ... Respondents
Mr. M.K. Mohanty, Addl. PP
Mr.J.K.Panda, Advocate for informant
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
21.04.2025
Order No.
02. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This criminal appeal is directed against the
impugned order dated 17.02.2025 passed by the
learned Sessions Judge-Cum-Special Judge, Ganjam,
Berhampur in GR Case No.03 of 2024(SC & ST) arising
out of Berhampur Sadar PS Case No.57 of 2024
refusing to grant bail to the appellant for commission of
offence punishable under Sections 294/307/323/324/
326/341/379/506 of the IPC and r/w Section
3(2)(v)/3(2)(vi) of SC & ST (POA) Act, on the main
allegation of attempting to the life of the injured along
with co-accused persons, by assaulting him with deadly
and sharp cutting weapons.
3. Heard, Mr. Sujit Kumar Pattnaik, learned
counsel for the appellant-petitioner, Mr.Jugal Kishore
Panda, learned counsel for the informant and Mr. M.K.
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Mohanty, learned Additional Public Prosecutor in the
matter and perused the record.
4. It is, however, brought to the notice of the
Court that co-accused Ananda Gouda @ Andha against
whom some allegation of assaulting the injured by
means of Kati has been directed, has already been
granted bail by a Coordinate Bench of this Court vide
order dated 08.05.2024 passed in CRLA No. 261 of
2024, but the main allegation against the present
appellant is for assaulting the injured to his hand by
means of a sharp cutting weapon. However, the
appellant has already been detained in custody for near
about two and half months and in the meanwhile,
charge sheet has already been submitted in this case.
The investigation so far revealed that the external
injuries sustained by the injured are simple in nature,
but the opinion as to the internal injuries is kept
reserved.
5. In view of the above facts and after having
considered the rival submissions and on going through
the materials placed on record and taking into account
of the release of co-accused on bail, this Court
notwithstanding to the serious objection as raised by
learned counsel for the informant considers it proper to
grant bail to the appellant.
6. Hence, the criminal appeal stands allowed and
the impugned order is, hereby, set aside. Ergo, the
appellant-petitioner is directed to be released on bail on
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such terms and conditions as deems fit and proper by
the learned Court in seisin over the matter including
one condition that the appellant shall not influence any
of the witness or coerce or threaten the injured or visit
his house.
7. Accordingly, the CRLA stands disposed of.
(G. Satapathy)
Judge
kishore
Signature Not Verified
Digitally Signed
Signed by: KISHORE KUMAR SAHOO
Designation: Secretary
Reason: Authentication
Location: High Court of Orissa
Date: 22-Apr-2025 10:43:41
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