Suresh Chandra Sahu vs State Of Odisha
2021 Latest Caselaw 8125 Ori

           IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.522 of 2019


         Suresh Chandra Sahu                    ....            Appellant
                                             Mr. V. Narasingh, Advocate

                                     -versus-
         State of Odisha                        ....          Respondent
                                            Ms. Saswata Patnaik, A.G.A.
                   CORAM:
                   THE CHIEF JUSTICE
                   JUSTICE B.P. ROUTRAY


                                   ORDER

Order                             03.08.2021
No.
   06.   I.A. No.1195 of 2019

1. This matter is taken up by video conferencing mode.

2. The Petitioner (Appellant) has filed this application for his release on bail pending disposal of the criminal appeal.

3. The present Appellant along with four other persons has been convicted by the impugned judgment dated 27th June 2019 of the learned Additional Sessions Judge, Khallikote in Sessions Trial Case No.59 of 2015 (T) and Sessions Trial Case No.51 of 2019 for the offences under Sections 302 read

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with Sections 109/120(B) of the IPC and sentenced to undergo imprisonment for life along with fine.

4. It is seen that in the appeal i.e. CRLA No.545 of 2019 filed by the co-accused-Sibaram Nayak @ Lulu, this Court by an order dated 19th February 2021 enlarged him on bail after noting that as on that date he was in custody for more than six years. In the present case, it is stated that the present Appellant has been in custody since 15th July 2014 i.e. more than seven years.

5. Learned Additional Government Advocate for the State does not dispute the submissios of the learned counsel for the Appellant that the case of the present Appellant stands not on the same footing, but on the better footing than the co- accused-Sibaram Nayak @ Lulu. Here again it is unlikely that the present appeal can be taken up for final hearing in the immediate future.

6. In that view of the matter, the Court directs that the Appellant be released on bail in connection with the aforementioned case during the pendency of the appeal on such terms and conditions as the learned trial court may deem fit and proper.

7. The I.A. is disposed of.

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8. An urgent certified copy of this order be issued as per rules.

(Dr. S. Muralidhar) Chief Justice

( B.P. Routray ) Judge

S.K. Guin