Orissa High Court
Harihar Patra vs State Of Odisha on 1 October, 2024
Author: S.K.Sahoo
Bench: S.K.Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.117 of 2011
Harihar Patra ..... Appellant/Petitioner
Mr. D.D. Nayak, Advocate
-versus-
State of Odisha ..... Respondent/Opp. Party
Mr. Priyabrata Tripathy,
Addl. Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K.SAHOO
THE HON'BLE MR. JUSTICE CHITTARANJAN DAS
ORDER
Order No. 01.10.2024
I.A. No.2107 of 2024
18. This is an application under Section 389 of Cr.P.C. for
grant of bail.
Heard learned counsel for the appellant-petitioner and
learned counsel for the State.
Perused the impugned judgment.
The appellant-petitioner has been convicted for the
offence punishable under section 302 of the Indian Penal
Code and sentenced to undergo R.I. for life and fine of
Rs.10,000/-, in default to further undergo R.I. for two years
by the learned Sessions Judge, Keonjhar in Sessions Trial
Case No.207 of 2009.
Learned counsel for the petitioner submitted that the
petitioner was taken into judicial custody on 26.04.2009 and
was never released on bail during pendency of the trial and
during pendency of this appeal, he was granted interim bail
for fifteen days on 28.03.2017 for the first time and again
on 05.09.2017 for the second time. Learned counsel further
submitted that since the petitioner has remained in custody
for more than thirteen years and there is no chance of early
hearing of the appeal in the near future, the bail application
of the petitioner may be favourably considered.
Learned counsel for the State has produced the
custody certificate of the petitioner, which indicates that the
petitioner has remained in custody for more than thirteen
years. The custody certificate is taken on record. Learned
counsel for the State submitted that P.W.1 is the eye
witness to the occurrence and the evidence of the doctor,
P.W.4, who has conducted the post mortem examination,
indicates that the petitioner has dealt number of blows on
the vital parts of the body of the deceased.
Considering the submissions made by the learned
counsel for the respective parties and in view of the
available material on record, while not inclining to release
the petitioner on bail on merit, but taking into account the
period of detention of the petitioner in judicial custody, the
conduct of the petitioner in surrendering at right time after
availing the interim bail on two occasions granted by this
Court and absence of any chance of early hearing of the
appeal in the near future, 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 be
released on interim bail in the aforesaid case on furnishing
bail bond of Rs.20,000/-(rupees twenty thousand) with one
local solvent surety 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 Ghasipura 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 Das)
Judge
19. List this matter in the week commencing from 2nd
January 2025.
Learned counsel for the petitioner shall produce the
surrender certificate of the appellant on the next date.
Urgent certified copy of this order be granted as per
rules.
(S.K. Sahoo)
Judge
(Chittaranjan Das)
Judge
M.K.Rout
