Happi @ Biralal Sahu vs State Of Odisha ..... /Opp. Party
2024 Latest Caselaw 10399 Ori

Orissa High Court

Happi @ Biralal Sahu vs State Of Odisha ..... /Opp. Party on 24 June, 2024

Bench: S.K.Sahoo, Chittaranjan Dash

               IN THE HIGH COURT OF ORISSA AT CUTTACK

                             JCRLA
                              CRLA No.
                                   No.48 of 2017

         Happi @ Biralal Sahu            .....    Appellant/Petitioner
                                                           /Petitioner
                                                  Mr. Ashwini Kumar Das
                                                                    Das,
                                                  Advocate

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

                                                  Mrs. Sushamarani Sahoo
                                                                    Sahoo,
                                                  Addl. Standing Counsel

                                     CORAM:
                  THE HON'BLE MR. JUSTICE S.K.SAHOO
             THE HON'BLE MR. JUSTICE CHITTARANJAN DASH

                                     ORDER

24.06.2024 Order No.

09. This is an application under Section 389 of Cr.P.C.

for grant of bail.

Heard.

Perused the impugned judgment. The appellant-petitioner appellant has been convicted for the offence punishable under section 396 of the I.P.C., sections 25/27 of the Arms Act and sections 3/4 of the Explosives Substances Act and sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000/ Rs.1,000/-

(rupees one thousand), in default, to undergo for a period of three months for the offence under section 396 of the I.P.C., to undergo imprisonment for life and to pay a fine of Rs.500/-

Rs.500/ (rupees five hundred), in default, to undergo R.I. for one month for the offence under sections 3/4 of the Explosive Substances Act and to undergo R.I. for a period of three years for the offence under sections 25/27 of the Arms Act and all the sentences were directed to run concurrently by the learned Adhoc Addl. Sessions Judge, F.T.C., Khurda vide judgment and order dated 15.12.2011 passed in S.T. Case No.38/45--2010/09.

Learned counsel for the petitioner submitted that the petitioner was taken into judicial custody in connection with this case on 20.01.2008 and as such, he has remained in judicial custody for more than sixteen years and even though paper book has a already been prepared, there is no chance of early hearing of the appeal in the near future and therefore, the bail application of the petitioner may be favoura favourably considered.

Learned counsel for the State, on the other hand, opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the period of detention of the p petitioner etitioner in judicial custody and absence of any chance of early hearing of the appeal in the near future, we are inclined to release the petitioner on bail.

Let the appellant appellant-petitioner petitioner be released on bail pending disposal of the appeal on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two s solvent sureties each for the like 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) Dash Judge sipun

Designation: Senior Stenographer

Location: HIGH COURT OF ORISSA, CUTTACK Date: 25-Jun-2024 13:08:14