Orissa High Court
Dolagobinda 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.115 of 2018
Dolagobinda Behera .... Appellant
Mr. B.S. Rayaguru, Advocate
-versus-
State of Odisha .... Respondent
Mr.Jateswar Nayak, AGA
CORAM:
HON'BLE MR. JUSTICE S.K. SAHOO
HON'BLE MR. JUSTICE S. S. MISHRA
ORDER
Order No. 30.04.2025
06. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
Prisoner's petition is at Flag 'B' for release of the
appellant on bail in view of NALSA Special Campaign on Old
Prisoners and Terminally III Prisoners since he is more than
seventy years.
The appellant Dolagobinda Behera has been convicted
for the offence under section 302 of the Indian Penal Code
and sentenced to undergo rigorous imprisonment life and to
pay a fine of Rs.10,000/- (rupees ten thousand), in default,
to undergo rigorous imprisonment for a further period of one
year passed by the learned Addl. Sessions Judge, Angul
vide judgment and order dated 29.06.2015 in C.T.(S)
No.140/2013/C.T.(S) No.63/2013.
As per order dated 06.03.2025, learned counsel for
the State has produced the instruction received from the
Senior Superintendent, Circle Jail, Angul dated 22.03.2025
wherein it is mentioned that in connection with this case,
the appellant has spent eleven years nine months in jail
custody and he has attained the age of more than seventy
years. In the said letter, it is further mentioned that the
appellant was also convicted in connection with
S.T.No.21A/1998 (39 of 98) of the Court of learned Addl.
Sessions Judge, Angul in an offence under section 302/34 of
the Indian Penal Code and he was sentenced to undergo R.I.
for life on 24.07.2001 and challenging the said order of
conviction and sentence, he has preferred Crl. Appeal No.
192 of 2001 before this Court. However, in the said case, he
has been released prematurely on 28.01.2012 and the
unexpired portion of his sentence has been remitted by the
Government in Law Department vide letter No.1063 dated
18.01.2012. The relevant document has also been annexed
to the letter of the Senior Superintendent, Circle Jail, Angul.
The instruction is taken on record.
Considering the submissions made by the learned
counsel for the respective parties, the period of detention of
the appellant in judicial custody, the age of the appellant,
absence of any chance of early hearing of the appeal in the
near future and taking into account the instructions received
by the learned counsel for the State, we are inclined to
release the appellant on bail.
Let the appellant 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 Court may deem
just and proper including the condition that he shall not
indulge in any similar activities. Violation of any of the
conditions shall entail cancellation of bail.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
PKSahoo
Location: HIGH COURT OF ORISSA
