IN THE HIGH COURT OF ORISSA AT CUTTACK JCRLA No. 125 of 2024 Mahendra Kuanr ….. Appellant/Petitioner Mrs. Bhakti Sudha Sahoo, Advocate -versus-

State of Orissa ..... Respondent/Opp.Party Mr.Sarat Ch. Pradhan, ASC CORAM:

THE HON'BLE MR. JUSTICE S.K. SAHOO THE HON'BLE MR. JUSTICE S.S. MISHRA Order No. ORDER

15.12.2025 I.A. No. 221 of 2025

04. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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

The appellant-petitioner has been convicted for the offence punishable under section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and also to pay fine of Rs.5,000/- (rupees five thousand), in default to undergo R.I. for three months by the learned Addl. Sessions Judge, Bhadrak in S.T. Case No. 244 of 2017.

Learned counsel for the State has produced the custody certificate which shows that the petitioner is in judicial custody for more than eight years and eight months. produced the jail conduct certificate of the petitioner, which shows that his conduct inside jail is normal. The conduct Learned counsel for the petitioner submitted that in view of the period of detention of the petitioner in judicial custody and absence of any chance of early hearing of the appeal in the near future, the bail application may be favourably considered.

Learned counsel for the State, on the other hand, opposed the prayer for bail and submitted that P.Ws.2 and 4 are the two eye witnesses, who stated about the petitioner giving knife blows to the deceased and P.W.11 is the doctor, who conducted post mortem examination and noticed number of stab wounds on the deceased and opined that the cause of death was due to shock and hemorrhage.

Considering the submissions made by the learned counsel for the respective parties, the evidence of the eye witnesses coupled with the evidence of the doctor, while not inclining to release the petitioner on bail on merit, but taking into account his period of detention in judicial custody and absence of any chance for early hearing, we are inclined to release the petitioner on interim bail for a period of three months from the date of release and he shall surrender before the learned trial Court on expiry of the interim bail period.

Let the petitioner be released on interim bail for the aforesaid period to the satisfaction of the learned trial Court in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two solvent local sureties each for the like amount to his satisfaction with further terms and conditions as the learned Court may deem just and proper including the conditions that while on interim bail, the petitioner shall not indulge in any criminal activities and shall not try to come in contact with the family members of the deceased. Violation of any of the conditions shall entail cancellation of bail.

Accordingly, the I.A. is disposed of.

Issue urgent certified copy as per Rules.

Let a free copy of this order be handed over to the learned counsel for the State, which will be forwarded to the Inspector in-charge of Naikanidihi police station.

The order be communicated to the concerned Jail Superintendent as well as the learned trial Court by the Registrar (Judicial) forthwith.

( S.K. Sahoo)

Judge (S.S. Mishra )

Judge JCRLA No.125 of 2024

05. List this matter in the week commencing from 13^th April, 2026.

Learned counsel for the appellant shall file the surrender certificate of the appellant in the meantime.

( S.K. Sahoo)

Judge (S.S. Mishra )

Judge Sig P n KS a a t h u o r o e Not V erified Digitally Signed Signed by: PRAMOD KUMAR SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 17-Dec-2025 10:14:54