Bhusan Mohanty vs State Of Odisha
2025 Latest Caselaw 6558 Ori

Orissa High Court

Bhusan Mohanty vs State Of Odisha on 2 April, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                               CRLA No.663 of 2024

            Bhusan Mohanty                               ....             Appellant
                                                            Represented by Adv.-
                                                   Ms. Sulochana Patro, Advocate
                                           -Versus-
            State of Odisha                            ....           Respondent
                                                            Represented by Adv.-
                                  Mr. Partha Sarathi Nayak, Addl. Govt. Advocate

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

Order No.                                  02.04.2025
             I.A. No.1440 of 2024
  07.        1.         This is an application under Section 389 Cr.P.C. for grant
             of bail.

2. Heard learned counsel for the appellant-petitioner and learned counsel for the State.

3. Perused the impugned judgment.

4. The appellant-petitioner has been convicted by the 1st Additional Sessions Judge, Berhampur by judgment dated 6 th March, 2024 in S.T. No.58 of 2016.

5. Learned counsel for the appellant submits that the appellant is in judicial custody since 28.12.2015 and as such he has remained in custody for more than 9 years. He further submits that the appellant is an aged person and due to dispute for landed property, the occurrence in question has taken place. There is no

chance of early hearing of the appeal in near future since the appeal is of the year 2024. The appellant is having no criminal antecedent, therefore, the bail application may be favourably considered.

6. Learned counsel for the State has obtained instructions that the appellant has no criminal antecedent.

7. Considering the submission made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody, absence of any criminal antecedent and absence of any chance of early hearing of the appeal in near future, we are inclined to release the petitioner on bail.

8. Let the appellant-petitioner be released on 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 the condition that he shall not indulge in any criminal activity in any manner.

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

10. The I.A. stands disposed of accordingly.

( Harish Tandon ) Chief Justice

( S.K. Sahoo )

S.K. Jena/Secy. Designation: SECRETARY

Date: 03-Apr-2025 10:21:12