Orissa High Court
Suka @ Sukadev vs State Of Odisha on 1 August, 2024
Bench: S.K.Sahoo, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.
No.396 of 2012
Suka @ Sukadev
Padhan @ Pradhan ..... Appellant/Petitioner
/Petitioner
Mr. Jagabandhu Sahu
Advocate
-versus-
State of Odisha ..... Respondent/Opp.
/Opp. Party
Mr. Rajesh Tripathy,
Addl. Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K.SAHOO
THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No. 01.08.2024
17. 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.
Perused the impugned judgment.
The appellant
appellant-petitioner
petitioner has been convicted for the
offence under section 302 of the Indian
ndian Penal Code and
sentenced to undergo imprisonment for life and to pay a
fine of Rs.1,000/
,000/-(rupees one thousand), in default, to
undergo R.I. for a period of two months by the learned
Addl. Sessions Judge, F.T.C., Bargarh vide judgment and
order dated 11.05.2012 passed in Crl. Trial No.129/47 of
2010.
Learned counsel for the State has produced the
custody certificate of the petitioner dated 18.07.2024
received from the Superintendent, District Jail, Bargarh
from which it appears
ppears that the petitioner has remained in
judicial custody for more than nine years and four
months. Learned counsel also produced the written
instruction dated 30.07.2024 received from the Inspector
in-charge of Attabira
tabira police station from which it app
appears
that during the interim bail period, the petitioner has not
misutilized his liberty. The custody certificate and
instruction are taken on record.
Learned counsel for the petitioner submitted that
twice the petitioner has been granted interim bail and
an
since the paper
aper book has not been prepared, there is no
chance of early hearing of the appeal in the near future
and balance of convenience lies in his favour and
therefore, the bail application of the petitioner may be
favourably considered.
Learned counsel
ounsel for the State opposed the prayer for
bail.
Considering the submissions made by the learned
counsell for the respective parties and taking into account
the period of detention of the petitioner in judicial custody
and the fact that the petitioner has not misutilized his
liberty while he was on interim bail and absence of any
chance of early hearing of the appeal in the near future
and the principle laid down in the case of Leti @ Jayadeb
Roy and another -Vrs.- The State reported in (1990)
3 Orissa Criminal Reports 427
427, we are inclined to
release the petitioner on bail.
Let
et the appellant-petitioner
appellant petitioner be released on bail in
the aforesaid case on furnishing bail bond of Rs.50,000/
Rs.50,000/-
(rupees fifty thousand) with two local solvent sureties
each for the like amount to the satisfaction of the learned
trial Court subject to condition that shall not indulge in
any criminal activities in any manner
manner.
Violation of any of the conditions shall entail
cancellation of bail.
The I.A. is disposed of accordingly.
Issue certified copy as per Rules.
( S.K. Sahoo)
Judge
(Chittaranjan
Chittaranjan Dash)
Dash
Judge
sipun
Designation: Senior Stenographer
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 02-Aug-2024 18:11:07
