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Orissa High Court
Benga @ Ranjit Jena vs State Of Odisha on 29 April, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 218 of 2025
Benga @ Ranjit Jena .... Appellant
Mr. S.K. Mund, Sr. Advocate
-versus-
State of Odisha .... Respondent
Mr. Parth Sarathi Nayak, AGA
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S. S. MISHRA
ORDER
Order No. 29.04.2025
I.A. No. 510 of 2024
04. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
This is an application for bail under Section 389
Cr.P.C.
Heard Mr. S.K. Mund, learned Senior Counsel
appearing for the petitioner and Mr. P.S. Nayak, learned
Addl. Government Advocate for the State.
As per the order dated 16.04.2025, the learned
counsel for the State has produced the written instruction
received from the IIC, Saheed Nagar Police Station,
Bhubaneswar UPD dated 22.04.2025 from which it
reveals that the petitioner is having no criminal
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antecedent. The learned counsel for the State has also
produced the report dated 18.04.2025 of the Senior
Superintendent, Special Jail, Bhubaneswar, which
indicates that the petitioner is in custody for more than
eight years. The reports furnished by learned counsel for
the State are taken on record.
The appellant-petitioner has been convicted under
sections 302/34 of the Indian Penal Code and sentenced
to undergo imprisonment for life and to pay a fine of
Rs.20,000/- (rupees twenty thousand), in default, to
undergo further R.I. for a period of two years, R.I. for ten
years for the offence under sections 394/34 of the Indian
Penal Code and to pay a fine of Rs.10,000/- (rupees ten
thousand), in default, to undergo further R.I. for a period
of two years, R.I. for ten years for the offence under
sections 449/34 of the Indian Penal Code and to pay a
fine of Rs.10,000/- (rupees ten thousand), in default, to
undergo further R.I. for a period of two years and R.I. for
ten years for the offence under section 120-B of the
Indian Penal Code and to pay a fine of Rs.10,000/-
(rupees ten thousand), in default, to undergo further R.I.
for a period of two years and the substantive sentences
were directed to run concurrently by the learned 3rd
Additional District & Sessions Judge, Bhubaneswar in
Criminal Trial No.19/42 of 2013.
Perused the impugned judgment.
Mr. Mund, learned Senior Counsel for the appellant
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submits that the learned trial court has jotted down the
circumstances cited against the accused persons in
paragraph-14 of the impugned judgment and
circumstance nos.(i), (ii) and (iii) are relevant against the
petitioner. He submits that mainly there are two
circumstances cited against the petitioner, one is the
recovery of a laptop at the instance of the petitioner,
basing on which his statement recorded under Section 27
of the Evidence Act and the second one is that he was
staying with two co-accused persons on rent immediately
preceding the crime. Learned counsel for the petitioner
further argued that the prosecution has not proved that
the laptop which was seized at the instance of the
petitioner from a hostel was the stolen property and
belonged to the deceased persons and after the seizure,
the laptop was handed over to P.W.2, the daughter of
both the deceased, who produced the same in the trial
court and identified the laptop. According to him, without
any test being conducted on the laptop that it relates to
the deceased persons, the recovery becomes immaterial.
He further submits that even if the evidence of P.W.3 is
taken into account, merely because the petitioner was
staying with two of the co-accused persons against whom
some incriminating materials were found, the same cannot
be a ground to convict the petitioner in the crime and
therefore, there are good chances of success in the appeal
and the balance of convenience is in favour of the
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petitioner and since it is a criminal appeal of the year
2025 and there are no chances of early hearing of the
appeal in the near future and therefore, the bail
application may be favourably considered.
Learned counsel for the State, on the other hand,
placed the evidence of P.W.2, the daughter of the two
deceased persons, P.Ws. 5 and 6, the two seizure
witnesses to the recovery of laptop so also the evidence of
P.W.3, who stated that the petitioner was staying with two
co-accused persons taking his house on rent. He further
submits that in the 313 Cr.P.C. statement, when the
recovery of the laptop was put to the petitioner, no
explanation has been offered by him.
Considering the submissions made by the learned
counsel for the respective parties, absence of any direct
evidence, the nature of circumstantial evidence available
on record against the appellant-petitioner, the period of
detention of the petitioner in judicial custody and absence
of any chance for early hearing of the appeal in the near
future, we are inclined to release the appellant-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 subject to the condition that the
petitioner shall not indulge in any criminal activities in any
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manner and shall not try to come in contact with the
family members of the deceased.
Violation of any terms and conditions shall entail
cancellation of bail.
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)
Judge
I.A. No. 511 of 2025
05. Heard.
There shall be stay of realization of fine amount
imposed by the learned trial Court on the appellant-
petitioner till disposal of the criminal appeal.
The I.A. is disposed of.
Urgent certified copy of this order be granted as per
rules.
( S.K. Sahoo)
Judge
Signature Not Verified
Digitally Signed ( S. S. Mishra)
Signed by: ASHOK KUMAR JAGADEB MOHAPATRA
Designation: Secretary Judge
Reason: Authentication
Swarna/Ashok
Location: High Court of Orissa
Date: 30-Apr-2025 16:17:29
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