Orissa High Court
Chidaoram @ Chano vs State Of Odisha on 1 October, 2024
Bench: S.K.Sahoo, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA
CRLA No.05of 2010
ChidaOram @ Chano ..... Appellant/
Petitioner
Mr. Sk. Zafarulla, Advocate
-versus-
State Of Odisha ..... Respondent/
Respondent
Opp. Party
Mr. P.B.Tripathy
Addl. Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K.SAHOO
THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No. 01.10.2024
I.A. No.01 of 2019
07. 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 the learned counsel for the appellant-
appellant
petitioner and learned counsel for the State.
Perused the impugned judgment.
The appellant
appellant-petitioner has been convicted for the
offence punishable under section302
section of the I.P.C. and
sentenced to undergo R.I. for life and to pay a fine of
Rs.20,000/-(rupees
(rupees twenty thousand)by
by the learned Addl.
Sessions Judge, Rourkela vide judgment and order dated
03.11.2009 passed in Sessions Trial Case No.20 of 2009.
Learned counsel for the petitioner submitted that the
petitioner is in judicial custody since 20.09.2008 and he
was never released on bail during pendency of the trial
and his first bail application was earlier rejected by this
Court vide order dated 05.04.2017 and thus, the
petitioner has remained in custody for more than sixteen
years. Learned counsel further submitted that though the
paper book has been prepared, there is no chance of early
hearing of the appeal in the near future and therefore, the
bail application may be favouraly considered.
Learned counsel for the State, on the other hand,
opposed the prayer for bail and submitted that it is a case
of double murder and there are ey
eyee witnesses like P.W.1
and P.W.2 to the occurrence who have stated about the
petitioner committing the crime.
Considering the submissions made by the learned
counsel for the respective parties and in view of the
available material on record, while not in
inclining
clining to release
the petitioner on bail on merit, but taking into account his
period of detention in judicial custody, we are inclined
inclined to
release him on interim bail for a period of three months
from the date of release. The petitioner shall immediately
surrender before the learned Court below on expiry of the
said three months period.
For the above period, let the petitioner be released
on interim bail to the satisfaction of the learned trial Court
in connection with the aforesaid case on furnishing ba
bail
bond of Rs.20,000/
0,000/-(rupees twenty thousand) with one
local solvent surety
suret each for the like amount to the
satisfaction of the learned Court in seisin over the matter
including the condition that he shall not indulge in any
criminal activities while on interim bail.
Violation of any of the condition shall entail
cancellation of bail.
The I.A. is disposed of accordingly.
( S.K. Sahoo)
Judge
(Chittaranjan
Chittaranjan Dash)
Dash
Judge
08. List this matter in the week commencing from
13.01.2025.
Learned counsel for appellant shall file the surrender
certificate of appellant by the next date.
( S.K. Sahoo)
Judge
(Chittaranjan
Chittaranjan Dash)
Dash
Judge
sipun
Designation: Senior Stenographer
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 03-Oct-2024 15:14:01
