Raghu @ Judhistira Meher vs State Of Odisha
2021 Latest Caselaw 6240 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  JCRLA No. 3 of 2019
               Raghu @ Judhistira Meher                   ....      Appellant
                                                Mr. Biswajit Ranjan Tripathy,
                                                                  Advocate
                                           -versus-
               State of Odisha                            .... Respondent
                                                        Ms. Saswata Pattnaik,
                                            Additional Government Advocate
                      CORAM:
                      THE CHIEF JUSTICE
                      JUSTICE K.R. MOHAPATRA
                                       ORDER

Order No.                             09.06.2021
            I.A. No. 14 of 2020

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

2. This is an application under Section 389 Cr.P.C. for bail.

3. The Petitioner-Appellant has been convicted under Sections 302/307 I.P.C. vide judgment dated 28th September, 2018 passed by learned Additional Sessions Judge, Athamallik in C.T.(S) No. 177 of 2017/C.T.(S) No. 63 of 2008.

4. It is pointed out that the Petitioner-Appellant is in custody for over 13 years now. The present appeal was filed in 2019 and is unlikely to be taken up for final hearing at an early date. Learned counsel for the Petitioner-Appellant further points out that in 2008, when the Petitioner-Appellant was taken into custody, he was only 19 years old and he is not involved in any other case.

5. Keeping in view the above facts and particularly the judgment of the Supreme Court in Surinder Singh @ Shingara Singh v. State of

// 2 //

Punjab, (2005) 32 OCR (SC) 430, the Court is of the view that the Appellant cannot any longer be denied release on bail during pendency of the appeal. Accordingly, it is directed that the Appellant be released on bail during pendency of the present appeal subject to the satisfaction of learned Additional Sessions Judge, Athamallik in C.T.(S) No. 177 of 2017/C.T.(S) No. 63 of 2008.

6. The I.A. is accordingly disposed of.

7. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021.

                                                       (Dr. S. Muralidhar)
                                                          Chief Justice


B.K.Sahoo                                              (K.R. Mohapatra)
                                                             Judge