Orissa High Court
Raj Kumar Rout vs State Of Orissa on 3 August, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 519 OF 2010
Raj Kumar Rout .... Appellant
Mr. B.S.Dasparida, on behalf
of Mr. D.P.Dhal, learned Sr. Counsel.
-versus-
State of Orissa .... Opp. Party
L. Samantaray, AGA
CORAM:
JUSTICE S.K. MISHRA
JUSTICE SAVITRI RATHO
ORDER
03.08.2021
I.A No.1934 of 2019 &
Order No. I.A. No. 412 of 2021
13. 1. This matter is taken up through hybrid mode.
2. These applications have been filed for bail in S.T. No.
29 of 2007 pending in the court of learned Addl. Sessions
Judge, Nuapada.
3. Prayer for bail of the petitioner was rejected vide order
dated 05.11.2014 passed in Misc. Case No. 1487 of 2010 and
order dated 02.04.2019 passed in Misc. Case No. 134 of 2018.
4. It is submitted that the petitioner is in custody since
more than 14 years and that the co-accused persons have
already been released on bail.
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4. In this case, the Petitioner/Appellant has been convicted
along with seven others by the learned Additional Sessions
Judge, Nuapada in Sessions Case No. 29 of 2007 for
commission of offences punishable under sections 148 and
sections 302/149 IPC and sentenced to undergo imprisonment
for life and to pay a fine of Rs.10,000/-, in default of payment
of fine, to undergo R.I. for one year each for the offence under
Section 302/149 of the Indian Penal Code, 1860 (hereinafter
referred to as "the Penal Code" for brevity) and to undergo R.I.
for two years each for offence under section 148 IPC, It is also
clarified by the trial court vide the aforesaid judgment and
order that the sentences are to run concurrently and the period
of detention would be set off.
5. Keeping in view the current situation of risk of virus
spreading in prisons and the directions of the Hon'ble Supreme
Court in Suo Motu Writ Petition (C) No.1 of 2020 to release
the prisoners on parole/ interim bail for decongestion of the
prisons and the decision of the Hon'ble Supreme Court in the
case of Surender Singh @ Shingara Singh v. State of Punjab,
reported in (2005) 7 SCC 387, we are inclined to allow the
application for bail upon appeal of the Petitioner/ Appellant Raj
Kumar Rout. Moreover, we take note of the fact that the
Petitioner/ Appellant is a permanent resident of village
Bhainsatal, P.S. Jonk, Dist. Nuapada and there is no question of
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his tampering with the evidences of the prosecution witnesses.
6. In that view of the matter, the application for bail upon
appeal filed by the Petitioner/ Appellant- Raj Kumar Rout is
allowed. Sentence imposed upon the Petitioner/Appellant is
hereby suspended and he be released on bail on such terms and
conditions as deemed just and proper by the learned Addl.
Sessions Judge, Nuapada in the aforesaid case.
7. The I.As. are disposed of accordingly.
8. Urgent certified copy of this order be granted on proper
application in course of the day.
( S. K.Mishra)
Judge
( Savitri Ratho )
Judge
dutta
