Orissa High Court
Turam Munda vs State Of Odisha on 12 November, 2024
Bench: S.K. Sahoo, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 660 of 2012
Turam Munda .... Appellant/
Petitioner
Mr.Chitta Ranjan Sahu,
Advocate
-versus-
State of Odisha Respondent/
.... Opp. Party
Mr. Sarat Pradhan,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 12.11.2024
I.A. No. 281 of 2024
08. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
Perused the prisoner's petition at Flag 'B' wherein
prayer has been made for engagement of Mr. Chitta Ranjan
Sahu as his counsel.
Prayer is accepted.
Let Mr. Sahu file Vakalatname within a period of two
weeks.
This is an application under section 374(2) of the
Cr.P.C. for grant of bail filed by appellant-petitioner Turam
Munda.
The appellant-petitioner has been convicted under
section 302 of the Indian Penal Code and sentenced to
undergo rigorous imprisonment for life and to pay a fine of
Rs.20,000/- (rupees twenty thousand), in default, to undergo
rigorous imprisonment for a further period of one year by the
learned Adhoc Additional Sessions Judge, Fast Track Court,
Keonjhar vide judgment and order dated 17.11.2012 passed
in Sessions Trial case No.6/259 of 2012-11.
Learned counsel for the appellant/petitioner submitted
that the petitioner is in judicial custody since 08.07.2020 and
his earlier bail application was rejected by this Court on
13.01.2020 and since he has remained in custody for more
than thirteen years and there is no chance of early hearing of
the appeal in the near future and therefore, the petitioner's
bail application may be favourably reconsidered.
Learned counsel of the State opposed the prayer for
bail and placed the evidence of P.W.11 and P.W.16 so also
the doctor (P.W.1), who conducted the post-mortem
examination.
Considering the submissions made by the learned
counsel for the respective parties, the nature of evidence
available on record, the sentence imposed by the learned
trial Court and the period already undergone by the
petitioner, while not inclining to release the petitioner on bail
on merit, but taking into account his period of detention in
judicial custody and absence of any chance of early hearing
of the appeal in the near future and keeping in view the ratio
laid down in the case of Leti @ Jayadeb Roy and another -
Vrs.- The State reported in (1990) 3 Orissa Criminal
Reports 427, we are inclined to release the petitioner on
interim bail for a period of three months from the date of
release and the petitioner shall surrender before the learned
trial Court immediately on expiry of the three months period.
For the above period, let the appellant-petitioner
Turam Munda be released on interim bail in the aforesaid
case on furnishing bail bond of 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 he shall not indulge in any criminal activities in
any manner.
Violation of any of the conditions shall entail
cancellation of interim bail.
Learned counsel for the State shall produce the report
from the Inspector in-charge of Ghatagaon police station
regarding the conduct of the petitioner while on interim bail.
The I.A. is disposed of accordingly.
A free copy of the order be handed over to the learned
counsel for the State.
( S.K. Sahoo)
Judge
(Chittaranjan Dash)
Judge
P.T.O
09. This is an application for stay of realization of fine.
Heard.
There shall be stay of realization of fine amount
imposed on the appellant-petitioner by the learned Adhoc
Additional Sessions Judge, Fast Track Court, Keonjhar vide
judgment and order dated 17.11.2012 passed in Sessions
Trial Case No.6/259 of 2012-11 pending disposal of the
criminal appeal.
The I.A. is disposed of.
Issue certified copy as per rules.
( S.K. Sahoo)
Judge
(Chittaranjan Dash)
Judge
PKSahoo/Rajesh
Location: HIGH COURT OF ORISSA
