Sambhu @ Sambhunath vs State Of Odisha
2024 Latest Caselaw 10411 Ori

Orissa High Court

Sambhu @ Sambhunath vs State Of Odisha on 24 June, 2024

Bench: S.K. Sahoo, Chittaranjan Dash

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                               JCRLA No.25/ 2014

              Sambhu @ Sambhunath
              Sahu                              ....   Appellant/
                                                     Petitioner

                                  Mr. J. K. Panda, Advocate

                                     -versus-

              State of Odisha                   ....   Respondent/
                                                     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.                       24.06.2024
                          M.C. No.106 of 2016

09. This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode). Learned counsel for the petitioner does not want to press this misc. case.

Accordingly, the misc. case stands disposed of as not pressed.

(S.K. Sahoo) Judge

(Chittaranjan Dash) Judge // 2 //

10. This is an application for bail.

The appellants-petitioner has been convicted under section 302 of the Indian Penal Code and section 4 of the Dowry Prohibition Act and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.50,000/- (rupees fifty thousand), in default, to undergo rigorous imprisonment for a further period of three years for the offence under section 302 of the Indian Penal Code and to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs,10,000/- (rupees ten thousand), in default, to undergo rigorous imprisonment for a further period of one year for the offence under section 4 of the Dowry Prohibition Act and both the sentences were directed to run concurrently by the learned Additional Sessions Judge, Jajpur vide judgment and order dated 26.03.2014 passed in C.T. (Sessions) No. 109 of 2012.

Learned counsel for the petitioner submits that the petitioner was taken into judicial custody since 21.07.2009 and the earlier bail application of the petitioner was rejected by this Court on 30.07.2014. Learned counsel further submits that the petitioner has remained in custody for fifteen years and though the paper book has already been prepared but there is no chance of early hearing of the appeal, and therefore, the bail application of the petitioner may be favourably

// 3 //

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 petitioner in jail custody and since there is no chance of early hearing of the appeal, we are 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 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.

Violation of any of the conditions shall entail cancellation of bail.

The I.A. is disposed of.

(S.K. Sahoo) Judge

(Chittaranjan Dash) Judge

M.K.Rout