Orissa High Court
K. [email protected] Sarat Reddy And Another vs State Of Odisha on 31 August, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.417 of 2014
K. [email protected] Sarat Reddy and another .... Appellants
Mr. N.N. Mohapatra, Advocate
-versus-
State of Odisha .... Respondent
Mr. J. Katikia
Additional Government Advocate
CORAM:
THE CHIEF JUSTICE
JUSTICE S.K. SAHOO
ORDER
Order No. 31.08.2021
I.A. No.387 of 2021
05. 1. This is application for bail filed by Appellant No.2, K. Sanjib
Reddy, who has been convicted by the impugned judgment dated
8th July, 2014 of the Second Additional Sessions Judge,
Berhampur, Ganjam in Sessions Case No.04 of 2006/Sessions
Case No.362 of 2005 of G.D.C. corresponding to G.R. Case No.62
of 2005 of the file of J.M.F.C., Purushottampur arising out of
Purushottampur P.S. Case No.62 of 2005 for the offence under
Sections 302/34 IPC.
2. It must be mentioned here that of the two accused persons, who
are convicted, the co-accused i.e. K. Satya @ Sarat Reddy has
already been released on bail by this Court by order dated 27th
January, 2015.
3. Learned counsel for Appellant No.2 points out that he has
remained in custody since 27th June, 2005 and has never been
released on bail even once. In other words, he has been in custody
for over 16 years.
4. He further points out that in this Court's order dated 27th
January, 2015 it has been recorded that it is perhaps Appellant
No.2 who gave the fatal blow to the deceased. However, the trial
Court in para 6 of the impugned judgment notes that Appellant
No.2, according to P.W.4, the sole eyewitness, had stabbed the
deceased on his back. Further it is pointed out that the fatal injury
is an injury caused to the abdomen.
5. Without expressing any view on the above submissions, the
Court notes that Appellant No.2, K. Sanjib Reddy, has made out a
prima facie arguable case on whether in fact the blow caused by
him was the fatal blow. The Court further notes that there is no
likelihood of the present appeal being taken up for hearing in
immediate future.
6. Keeping in view all of the above factors, and in light of the
decision of the Supreme Court in Surinder Singh @ Shingara
Singh v. State of Punjab, (2005) 32 OCR (SC) 430 , this Court is
of the considered view that Appellant No.2, K. Sanjib Reddy,
should be released on bail.
7. Accordingly, this Court directs that Appellant No.2 (K. Sanjib
Reddy) be released on bail in connection with the aforementioned
case during pendency of the present criminal appeal subject to the
conditions that will be incorporated by the trial Court in an order
and to the satisfaction of the trial Court.
8. The I.A. is disposed of in the above terms.
9. An urgent certified copy of this order be issued as per rules.
(Dr. S. Muralidhar)
Chief Justice
(S.K. Sahoo)
Judge
S.K. Jena/P.A.
