Orissa High Court
Suresh Rout vs State Of Odisha on 4 December, 2023
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.248 of 2023
Suresh Rout .... Appellant/
Petitioner
Mr. Jnyanananda Panda,
Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. P.B. Tripathy
Addl. Govt. Advocate
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 04.12.2023
I.A. No.534 of 2023
04. This matter is taken up through Hybrid
arrangement (video conferencing/ physical mode).
This is an application under section 389 of Cr.P.C.
for grant of bail.
Heard the learned counsel for the
appellant/petitioner and learned counsel for the State.
Perused the impugned judgment.
The appellant-petitioner has been convicted for
the offences punishable under sections 307 and 411 of
the Indian Penal Code read with sections 25(1B)(a) and
27(1) of the Arms Act and sentenced to undergo R.I. for
a period of ten years and to pay a fine of Rs.5,000/-
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(rupees five thousand), in default, to undergo R.I. for a
further period of six months for the offence under section
307 of the I.P.C., to undergo R.I. for a period of three
years and to pay a fine of Rs.1,000/- (rupees one
thousand), in default, to undergo R.I. for a further period
of one month for the offence under section 411 of the
I.P.C., to undergo R.I. for a period of three years and to
pay a fine of Rs.1,000/- (rupees one thousand), in
default, to undergo R.I. for a further period of two
months for the offence under section 25(1B)(a) of the
Arms Act and to undergo R.I. for a period of seven years
and to pay a fine of Rs.3,000/- (rupees three thousand),
in default, to undergo R.I. for a further period of three
months for the offence under section 27(1) of the Arms
act and all the substantive sentences were directed to
run concurrently by the learned Chief Judicial Magistrate
-cum- Asst. Sessions Judge, Nayagarh in S.T. Case
No.59/115 of 2018.
Learned counsel for the petitioner submitted that
the petitioner is in judicial custody since 05.02.2018 and
he was granted bail by this Court and released from
custody on 12.04.2021 and after pronouncement of the
judgment on 10.02.2023, again, he was taken into
judicial custody and thus, he has remained in judicial
custody for about four years in connection with this case.
By filing the comprehensive affidavit, learned counsel
further submitted that out of the list furnished by the
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learned counsel for the State regarding six criminal
antecedents, the appellant has been acquitted in three
cases, he has not been taken into custody in two cases
and he has granted bail in one case. Learned counsel
further submitted that nobody has sustained injury from
the prosecution side rather it is the appellant who has
sustained injury during encounter and was hospitalized in
S.C.B. Medical College & Hospital, Cuttack. Learned
counsel further submitted that there are good chances of
success in the appeal and balance of convenience in his
favour and in view of the period of detention in judicial
custody, the bail application of the petitioner may be
favourably considered.
Learned counsel for the State, on the other hand,
opposed the prayer for bail.
Perused the evidence of the witnesses.
Considering the submission made by the learned
counsel for the petitioner, nature of evidence adduced by
the prosecution during trial, the sentence imposed by the
learned trial Court, the period already undergone by the
petitioner in judicial custody and absence of any chance
of early hearing of the appeal in the near future, I am
inclined to release the petitioner on bail.
Let the appellant-petitioner be released on bail
pending disposal of the appeal on furnishing bail bond of
Rs.50,000/-(rupees fifty thousand) with two local solvent
sureties each for the like amount to the satisfaction of
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the learned trial Court on such other conditions as the
learned trial Court may deem just and proper
The I.A. is accordingly disposed of.
(S.K. Sahoo)
Judge
05. Heard.
There shall be stay of realization of fine amount
imposed by the Chief Judicial Magistrate -cum- Asst.
Sessions Judge, Nayagarh in S.T. Case No.59/115 of
2018 till disposal of the criminal appeal.
The I.A. is disposed of.
Issue certified copy as per rules.
(S.K. Sahoo)
Judge
Sipun
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 05-Dec-2023 17:31:47
