Orissa High Court
Bala Behera 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.21 of 2020
Bala Behera ..... Appellant/
Petitioner
Mr. S.K. Dwibedi,
Advocate
-versus-
State of Odisha ..... Respondent/
Opp. Party
Mr. Sarat Kumar Pradhan,
Addl. 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
04. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
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.5,000/-, in
default, to undergo rigorous imprisonment for six months
Signed by: RAJESH KUMAR BADHEI
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA,
for the offence under section 302 of the I.P.C. by the
CUTTACK
Date: 01-May-2025 14:16:40
learned Addl. Sessions Judge, Talcher vide judgment and
order dated 20.03.2020 passed in C.T.(S) No.35 of 2019.
In pursuance of the order dated 17.04.2025,
learned counsel for the State has produced the written
instruction received from the Superintendent, Special
Sub-Jail, Deogarh dated 26.04.2025 wherein it is
mentioned that the petitioner is aged about eighty one
years and he is suffering from Coronary Artery Disease
(CAD) with HTN and affected mature senile cataract and
unable to perform his day to day works due to the old
age and blindness and he has also lost his potential to
commit any further crime and he requires special needs
to take care of his daily routine. The written instruction is
taken on record.
Considering the age of the petitioner and health
condition and the period of detention of the petitioner in
judicial custody as well as absence of any chance of early
hearing of the appeal in the near future as paper book
has not been prepared 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
05. 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 Addl.
Sessions Judge, Talcher vide judgment and order dated
20.03.2020 passed in C.T.(S) No.35 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
