CRLA/593/2012
2021 Latest Caselaw 3781 Ori

                                      CRLA No.593 of 2012




                             I.A. Nos.1551 and 1552 of 2019

02. 17.03.2021   1. Heard Mr. H. K. Mund, learned counsel for Appellant
                 Nos.3 and 4 and Smt. S. Patnaik, learned Additional
                 Government Advocate for the State-Respondent.

2. These two interlocutory applications for regular bail filed on behalf of Appellant Nos.3 and 4 respectively.

3. On 14th July 2014 only Appellant Nos.1 and 2 were ordered to be released on bail.

4. As far as the present two Appellants are concerned, their bail applications were rejected again on 24th January 2017, by this Court.

5. The change in circumstances since then, as far as these two Appellants are concerned is that Appellant No.3 has completed more than 9 years in custody, after accounting for the period during which he was on bail as an undertrial. As far as Appellant No.4 is concerned, he has completed 11 years in custody. He was not on bail even once during the undertrial period.

6. The appeal is of 2012 but there is no prospect of its immediate hearing by this Court due to the large pendency of criminal appeals.

7. Keeping in view the judgment of the Supreme Court in Surinder Singh @ Shingara Singh v. State of Punjab, (2005) 32 OCR (SC) 430, the Court is of the view that both these Appellants cannot any longer be denied release on bail during pendency of the appeal.

8. For the reasons stated above, the Appellant No.3 (Beda @ Arjun Barik) and Appellant No.4 (Sarjun Barik) be released on bail during the pendency of the criminal appeal subject to satisfaction of the trial Court.

9. Both the interlocutory applications are accordingly disposed of.

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

( Dr. S. Muralidhar) Chief Justice

( B.P. Routray ) Judge

M. Panda