Citation : 2025 Latest Caselaw 6607 Ori
Judgement Date : 3 April, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.770 of 2021
Sandhyarani Majhi ..... Appellant/
Petitioner
Mr. Ramesh Sahoo,
Advocate
-versus-
State of Odisha ..... Respondent/
Opp. party Mr. K.C. Kar, Government Advocate
CORAM:
HON'BLE MR. JUSTICE S.K. SAHOO Order No. ORDER 03.04.2025 I.A. No.964 of 2024
40. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
This is an application for extension of interim bail. Learned counsel for the appellant-petitioner does not want to press this interim application.
Accordingly, the I.A. is disposed of as not pressed.
( S.K. Sahoo) Judge
41. This is an application filed under Section 389 of Cr.P.C. for grant of bail.
Heard.
The appellant-petitioner has been convicted under section 20(b)(ii)(C) of the N.D.P.S. Act and sentenced to undergo R.I. for a period of ten years and to pay a fine of Rs.1,00,000/- (rupees one lakh), in default, to undergo further R.I. for a period of six months by the learned Additional Sessions Judge -cum- Special Judge, Athagarh in Special Case No.03 of 2019.
Perused the impugned judgment.
Learned counsel for the petitioner submits that the petitioner is a lady and she has been granted interim bail on six occasions and on each occasion, after availing the interim bail period, she has surrendered at right time and she has never misutilized her liberty and since there is no chance of early hearing of the criminal appeal in the near future, the bail application of the petitioner may be favourably considered.
Learned Government Advocate has produced the custody certificate of the petitioner, which shows that the petitioner as on 12.12.2024 has remained in judicial custody for four years and four months. The custody certificate is taken on record.
Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody, the fact that the petitioner earlier has been released on interim bail and there is no adverse report against her and absence of any chance of early hearing of the criminal appeal in the near
future, I am inclined to release her 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 appellant-petitioner be released on interim bail in connection with 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 Court in seisin over the matter including the condition that the petitioner shall not indulge in any criminal activities.
Violation of any of the conditions shall entail cancellation of interim bail.
The I.A. is disposed of accordingly.
( S.K. Sahoo) Judge
42. List this matter in the week commencing from 14.07.2025. Learned counsel for the appellant shall produce the surrender certificate of the appellant on the next date.
Urgent certified copy of this order be granted on proper application.
Digitally Signed ( S.K. Sahoo) Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Judge Location: HIGH COURT OF ORISSA, CUTTACK Date: 04-Apr-2025 14:07:52 RKM
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