Budhia @ Budhiram vs State Of Odisha
2023 Latest Caselaw 13349 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.591 of 2013

             1. Budhia @ Budhiram
             Murmu
             2. Kataram Purty @ Katia
             3. Basanta Marandi
             4. Rega Chatar
             5. Madhab Murmu
             6. Soma Deogan                         Appellants/
             7. Surendra Kala                  ....   Petitioners

                                 Mr. Lalitendu Mishra, Advocate

                                    -versus-

             State of Odisha                   ....   Respondent/
                                                    Opp. Party

                                 Mr. Arupananda Das,
                                 Addl. Govt. Advocate
                               CORAM:
                          JUSTICE S.K. SAHOO
                     JUSTICE CHITTARANJAN DASH

                                   ORDER

Order No.                        30.10.2023
                              I.A. No.2169 of 2023

27. 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 to appellant/petitioner no.2 Kataram Purty @ Katia.

The appellant-petitioner no.2 Kataram Purty @ Katia along with others has been convicted for the offences punishable under sections 302/307/341/34 of // 2 //

the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs.20,000/- (rupees twenty thousand), in default, to undergo R.I. for a further period of two years for the offence under section 302/34 of the Indian Penal Code, to undergo R.I. for a period of ten years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo R.I. for a period of one year for the offence under section 307/34 of the Indian Penal Code and to undergo R.I. for a period of one month for the offence under section 341/34 of the Indian Penal Code and all the substantive sentences were directed to run consecutively by the learned Addl. Sessions Judge, Athagarh vide judgment and order dated 31.10.2013 in Sessions Trial No.113 of 2012.

Learned counsel for the petitioner submitted that the petitioner no.2 earlier approached this Court along with other petitioners in Misc. Case No.1573 of 2013 and vide order dated 24.03.2015, while granting bail to the appellant/petitioner nos.5 to 7, the prayer for bail of the petitioner no.2 along with petitioner nos.1, 3 & 4 was rejected. Learned counsel further submitted that on 25.11.2014 in Misc. Case No.1472 of 2014, petitioner no.2 was granted interim bail for some time and on 09.09.2015 in Misc. Case No.1126 of 2015, he was also granted interim bail for some time and after availing the same, he surrendered at right time and he has not misutilized his liberty in any manner while on interim

// 3 //

bail. Learned counsel further submitted that petitioner no.2 has remained in judicial custody since 12.12.2011 and if the period of interim bail is excluded, the petitioner has remained in judicial custody for about eleven years, eight months and nine days and since the case is not ready for hearing, the bail application may be favourably considered.

Learned counsel for the State, on the other hand, opposed the prayer for bail, however on verification of the case record submitted that no material is available to show that petitioner no.2 has misutilized his liberty in any manner while on interim bail so also nothing is available against him so far as criminal antecedent is concerned.

Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner no.2 in judicial custody, the conduct of the petitioner no.2 in complying with the earlier interim bail orders, absence of any material that he has misutilized the liberty while on interim bail and absence of any chance of early hearing of the appeal in the near future, we are inclined to release the petitioner no.2 on bail.

Let the appellant-petitioner no.2 Kataram Purty @ Katia be released on bail pending disposal of the appeal on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two solvent sureties each for the like

// 4 //

amount to the satisfaction of the learned trial Court with such terms and conditions as the learned Court may deem just and proper.

The I.A. is disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

(Chittaranjan Dash) Judge

Sipun

Signature Not Verified

Signed by: SIPUN BEHERA Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 31-Oct-2023 11:13:45