Orissa High Court
Pinkua @ Pinku@ Asish vs State Of Odisha on 22 April, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.708 of 2023
Pinkua @ Pinku@ Asish
Kumar Jena ..... Appellant/
Petitioner
Mr. Niranjan Singh-1,
Advocate
-versus-
State of Odisha ..... Respondent/
Opp. party
Mr. Jateswar Nayak
Addl. Govt. Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
ORDER
Order No.
22.04.2025
14. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
This is an application for interim bail on the ground of
ailment of the parents of the petitioner. Medical documents
have been annexed to the interim bail application.
The appellant-petitioner has been convicted for the
offence punishable under section 302 of the Indian Penal
Code (hereinafter 'I.P.C.') and sentenced to undergo rigorous
Signed by: RAJESH KUMAR BADHEI
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 23-Apr-2025 13:58:57
imprisonment for life and to pay a fine of Rs.10,000/-, in
default, to undergo rigorous imprisonment for four months for
the offence under section 302 of the I.P.C. by the learned
Presiding Officer, Special Court (S.C. & S.T.), Balasore vide
judgment and order dated 26.05.2023 passed in Special Case
No.246 of 2017.
When the matter was taken up for the first time on
28.02.2025, we asked the learned counsel for the State to
obtain instruction on the interim application including the
authenticity of the medical documents and thereafter, the
case has been listed on 11.03.2025, 18.03.2025, 26.03.2025
and last time on 08.04.2025, we granted time to the State as
last chance to obtain the instruction.
Today, learned counsel for the State has produced the
written instruction dated 18.04.2025 from the I.I.C., Nilagiri
police station, wherein it is mentioned that the petitioner is
not involved in any criminal cases and no adverse has been
reported at Nilagiri police station during his interim bail
period. However, learned counsel submits that he has not yet
received the instruction on the health condition of the parents
of the petitioner so also the authenticity of the medical
documents as was ordered on 28.02.2025.
Considering the submissions made by the learned
counsel for the respective parties, since in spite of grant of
several adjournments to the learned counsel for the State, no
instruction has been received on the interim application
regarding the ailments of the parents of the petitioner so also
the authenticity of the medical documents, we are inclined to
release the petitioner on interim bail for a period of one
month from the date of release. The petitioner shall
immediately surrender before the learned Court below on
expiry of the said one month 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 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 including the condition that he shall not indulge in
any criminal activities and shall not come with contact with
the family members of the deceased while on interim bail.
Violation of any of the conditions shall entail
cancellation of interim bail.
The I.I.C., Nilagiri police station shall keep close watch
over the activities of the petitioner while on interim bail.
The I.A. is disposed of accordingly.
( S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
15. List this matter in the week commencing from
23.06.2025.
Learned counsel for the appellant shall produce the
surrender certificate by the next date.
( S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
Rajesh
