Balaram Naik vs State Of Orissa
2022 Latest Caselaw 3421 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   CRLA No.358 of 2012

            Balaram Naik                                ....          Appellant
                                                      Mr. S. Sourav, Advocate
                                         -versus-
            State of Orissa                              ....      Respondent
                              Mr. J. Katikia, Additional Government Advocate
                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE S.K. SAHOO

                                          ORDER

22.07.2022 Order No.

13. I.A. No.988 of 2020

1. The Vakalatnama stated to have been filed by Mr. S. Sourav, learned counsel for the Applicant-Appellant be taken on record.

2. The Applicant-Appellant has been in custody for over ten years now. After it was noted by the trial court in para-13 of the impugned judgment that P.W.2 was not in fact an eye-witness because she is supposed to have seen the accused flee away from the scene of occurrence, the case proceeded as one based on circumstantial evidence. The argument on behalf of the Applicant- Appellant is that apart from this one circumstance, the other circumstances do not point to the guilt of the Applicant-Appellant.

3. At this stage without expressing any view on the above contentions, and noting that the Applicant-Appellant has been in custody for more than ten years and since the paper books are not

yet prepared, the appeal is not likely to be heard in the immediate future, the Court directs that the Applicant-Appellant be enlarged on bail subject to the conditions to be laid down by the trial court and to the satisfaction of the trial court.

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

CRLA No.358 of 2012

5. Mr. S. Sourav, learned counsel appearing for the Appellant undertakes that the fees for the preparation of paper books will be deposited within a week. The paper books be immediately prepared thereafter and supplied to the learned counsel for the parties within eight weeks.

6. Issue urgent certified copy of this order as per rules.

(Dr. S. Muralidhar) Chief Justice

(S.K. Sahoo) Judge S.K. Guin