Orissa High Court
Balaram Barik vs State Of Odisha on 30 April, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No.25 of 2023
Balaram Barik ..... Appellant/
Petitioner
Mr. J. Sahu,
Advocate
-versus-
State of Odisha ..... Respondent/
Opp. Party
Mr. Gyanalok Mohanty,
Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
ORDER
Order No.
30.04.2025
09. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
This is an application for bail.
Heard.
The petitioner has been convicted for the offence
punishable under section 302 of the Indian Penal Code
(hereinafter 'I.P.C.') and sentenced to undergo
imprisonment for life and to pay a fine of Rs.10,000/-, in
Signed by: RAJESH KUMAR BADHEI
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA,
default, to undergo rigorous imprisonment for six months
CUTTACK
Date: 01-May-2025 14:16:40
for the offence under section 302 of the I.P.C. by the
learned Sessions Judge, Sonepur vide judgment and
order dated 20.01.2023 passed in Sessions Case No.59
of 2019.
In pursuance of the order dated 09.04.2025,
learned counsel for the State has produced the written
instruction received from the I.I.C., Dunguripali police
station dated 27.04.2025 wherein it is mentioned that
the petitioner is now aged about eighty five years. The
written instruction is taken on record.
Perused the judgment and order and after hearing
the respective parties, nature of evidence available on
record and the period of detention of the petitioner in
judicial custody and absence of any chance of early
hearing of the appeal in the near future and more
particularly the age of the petitioner and keeping in view
the guidelines enumerated in the Special Campaign for
Old Prisoners & Terminally III Prisoners issued by the
National Legal Services Authority and the instruction
obtained by the learned counsel for the State, we are
inclined to release the petitioner on bail.
Let the petitioner be released on bail pending
disposal of the appeal on furnishing bail bond of
Rs.20,000/- (rupees twenty thousand) with one solvent
surety for the like amount to the satisfaction of the
learned trial Court with such terms and conditions as the
learned trial Court may deem just and proper and
including the condition that he shall not indulge in any
criminal activities.
Violation of any of the terms and conditions fixed
shall entail cancellation of bail.
I.A. is disposed of accordingly.
( S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
10. This is an application for stay of realization of fine.
Heard.
There shall be stay of realization of fine amount
imposed on the petitioner by the learned Sessions
Judge, Sonepur vide judgment and order dated
20.01.2023 passed in Sessions Case No.59 of 2019
pending disposal of the criminal appeal.
The I.A. is disposed of.
Issue certified copy as per rules.
( S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
Rajesh
