Santosh Sahoo vs State Of Odisha
2024 Latest Caselaw 16712 Ori

Orissa High Court

Santosh Sahoo vs State Of Odisha on 14 November, 2024

Author: S.K.Sahoo

Bench: S.K.Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              CRLA No.
                                   No.510 of 2016

            Santosh Sahoo                    .....      Appellant/
                                                      Petitioner
                                        Mr. Biswajit Nayak
                                        Advocate
                                           -versus-

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

                                        Mr. Jateswar Nayak,
                                        Addl. Govt. Advocate

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

Order No.                              14.11.2024
                                   I.A. No.2012 of 2023
   12.              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 present appellant-petitioner along with others has been convicted for the offence punishable under section 376(D) of the Indian Penal Code and sentenced senten to undergo R.I. for a period of twenty years each and to pay a fine of Rs.20,000/ Rs.20,000/- (rupees twenty thousand) each, in default, to undergo R.I. for a period of one year by the learned 2nd Addl. Sessions Judge, Khurda vide judgment and order dated 12.07.2016 passed in S.T.

2014.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 14.09.2013 and therefore, he has already undergone half of the substantive sentence imposed by the learned trial Court. Learned counsel further argued that similarly situated co-accused, accused, namely, Susanta Nayak has been directed to be released on bail by this Court vide vi order dated 08.10.2024 passed in I.A. No.807 of 2024. The copy of the bail order dated 08.10.2024 is filed by the learned counsel for the petitioner and taken on record. Learned counsel further argued that since the paper book has not been prepared, there there is no chance of early of the appeal in the near future and therefore, the bail application of the petitioner may be favourably considered.

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

bail It appears that vide order dated dated 02.04.2024, learned counsel for the State was asked to produce the custody certificate of the petitioner and even though more than seven months have already been passed, learned counsel for the State has not produced the custody certificate.

Considering ing the submissions made by the learned counsell for the respective parties, parties the nature of accusation against the petitioner, release of the co-

co accused on bail and taking into account the period of detention of the petitioner in judicial custody and since there is no chance of early hearing of the appeal in the near future,, I am 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.20,000/- (rupees (rupees twenty thousand) with one local solvent surety 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 accordingly. Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge sipun

Designation: Senior Stenographer

Location: HIGH COURT OF ORISSA, CUTTACK Date: 19-Nov-2024 12:50:26