Madhusudan Behera vs State Of Orissa
2023 Latest Caselaw 15684 Ori

Orissa High Court

Madhusudan Behera vs State Of Orissa on 6 December, 2023

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                           CRLA No.1179 of 2022
            Madhusudan Behera              ....   Appellant
                                                   Mr. C.R. Sahu, Advocate
                                        -versus-
            State of Orissa                         ....           Respondent
                                                      Mr. S.K. Nayak, AGA
                   MR. JUSTICE D. DASH
                   MR. JUSTICE G.SATAPATHY
                                  ORDER

06.12.2023 Order No. I.A. No.2284 of 2022

06. 1. This matter is taken up through hybrid arrangement (virtual/physical) mode.

2. This is an application under section 389 Cr.P.C. filed by the Appellant, namely, Madhusudan Behera for his release on bail pending this Appeal.

3. Heard learned counsel for the Appellant and learned Counsel for the State.

4. Learned counsel for the Appellant at the outset instead of pressing for grant of regular bail to the Appellant submits that since he is in custody from the year 2016 and since then, the other male members of the family have been looking after his four children and now the situation has come that they are facing a lot of hardship to take manage the day-to-day affairs. For that reason, he confines his prayer for consideration of grant of bail to the Appellant for a specific period so as to be present at home and make necessary arrangement for his children to continue with the present status.

5. Learned counsel for the State opposes the move.

6. Taking into account the submissions made and on going through the judgment passed by the Trial Court as well as the depositions of the prosecution witnesses, further keeping in view

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the period of detention in custody for the role ascribed to him in the incident, while, at this stage, we are not inclined to direct for suspension of further execution of the sentence and grant him bail pending disposal of this Appeal, this application stands disposed of granting interim bail to the Appellant, namely, Madhusudan Behera for a period of three months from the date of his actual release from custody on such terms and conditions as deemed just and proper by the learned District and Sessions Judge, Bhadrak in S.T. Case No.11-205 of 2016 with further conditions that Appellant shall not indulge himself in any criminal activity during the period of interim bail; and shall positively surrender before the Trial Court as would be so directed by the said Court on expiry of period of interim bail.

7. Accordingly, the IA is disposed of.

(D. Dash), Judge.

(G.Satapathy), Judge.

ORDER 06.12.2023

07. 1. List this matter in the week commencing 11.03.2024.

Issue urgent certified copy of this order on proper application.

(D. Dash), Judge.

Designation: Jr. Stenographer (G. Satapathy),

Location: High Court of Orissa Date: 07-Dec-2023 11:00:03 Judge.

Kishore/Subhasmita