Orissa High Court
Pahali @ Pahala Behera vs State Of Odisha on 5 October, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.241 of 2015
CRLA No.327 of 2015
And
CRLA No.103 of 2016
In CRLA No.241 of 2015
Pahali @ Pahala Behera .... Appellant
Mr.S.Lenka, Advocate
-versus-
State of Odisha .... Respondent
Mr.D.Mund, AGA
And
In CRLA No.327 of 2015
Bapi @ Manoj Naik @ Nayak @
Mohan Sethi .... Appellant
Mr.R.N.Mohanty, Advocate
-versus-
State of Odisha .... Respondent
Mr.D.Mund,AGA
And
CRLA No.103 of 2016
Rocky @ Dillip Swain .... Appellant
Mr.P.Mohanty, Advocate
-versus-
State of Odisha .... Respondent
Mr.D.Mund,AGA
Page 1 of 4
CORAM:
JUSTICE S.K.MISHRA
JUSTICE B. P. ROUTRAY
ORDER
05.10.2021
Order No.
M.C.No.147 of 2021 (arising out of CRLA No.241 of 2015)
And
M.C.No.838 of 2015 (arising out of CRLA No.327 of 2015)
And
I.A.No.868 of 2021 (arising out of CRLA No.103 of 2016)
9. 1. All three appellants have prayed to release them on bail
pending appeal under Section 389(1) of the Cr.P.C.
2. It is submitted by the respective counsels that, above three
appeals along with other connected appeals are against the
common judgment of the learned Additional Sessions Judge,
Bhubaneswar in Crl.Trl No.02/20/111 of 2013/11. It is further
submitted that all these three appellants are inside custody since
29th January, 2011, and the appellants, namely, Pahali @ Pahala
Behera and Bapi @ Manoj Naik @ Mohan Sethi are permanent
residents under Dasapalla Police Station in the district of
Nayagarh whereas [email protected] Swain is a permanent resident
under Patapur Police Station in the district of Ganjam. Learned
counsel for the appellant-Rocky @Dillip Swain further submits
that his I.A. No.868 of 2021 be confined to the prayer for bail
only. All of them are poor persons and no chance of absconding
is there in case they are released on bail.
3. The common submission made on behalf of the appellants
that admittedly no ransom was paid and the fact of demand for
ransom is not established on record. Neither the victim had
received any hurt nor use of force has been proved on record. It
is prayed that the appellants be released on bail keeping in view
their long detention inside the custody.
4. All the accused persons including present three appellants
have been convicted and sentenced for imprisonment of life along
with payment of fine of Rs.6,000/- for offence under Section 364-
A/34 of the I.P.C.
5. As it appears, they are inside custody for more than ten years
and eight months by now.
6. The prosecution has examined twenty seven witnesses in
course of trial and marked thirty one documents as exhibits.
7. Upon perusal of the evidences adduced through the witnesses
and the circumstances brought on record, we are inclined to
release the present appellants on bail particularly keeping in view
their long detention inside custody and remote possibility of
hearing of the appeals in near future. Accordingly, it is directed to
release the appellants, namely, Pahali @ Pahala Behera, Bapi @
Manoj Naik @ Mohan Sethi and [email protected] Swain on bail in
Crl.Tr.No.02/20/111 of 2013/11 pending appeal on such terms
and conditions as deemed fit proper by the learned Additional
Sessions Judge, Bhubaneswar.
8. All the applications are allowed.
9. Registry is directed to prepare the paper books and list the
appeals for hearing.
10. Urgent certified copy of this order be issued as per Rules.
(S.K.Mishra)
Judge
( B.P. Routray)
Judge
CRB
