Orissa High Court
Bulu @ Subash Behera vs State Of Odisha on 1 August, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1015 of 2023
Bulu @ Subash Behera Appellant/ .....
Petitioner
Mr. M.K. Chand,
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.
01.08.2025
11. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
This is an application for bail.
Heard learned counsel for the petitioner and learned
counsel for the State.
The appellant-petitioner has been convicted for the
offence punishable under section 302/34 of the Indian
Signed by: RAJESH KUMAR BADHEI
of the Arms Act and sentenced to undergo rigorous
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 04-Aug-2025 10:24:39
imprisonment for life and to pay a fine of Rs.10,000/-
(rupees ten thousand), in default, to undergo further
rigorous imprisonment for one year for the offence under
section 302/34 of I.P.C. and to undergo rigorous
imprisonment for two years and to pay a fine of Rs.5,000/-
(rupees five thousand), in default, to undergo further
rigorous imprisonment for six months for the offence under
section 25(1-B)(a) of the Arms Act and all the offences
were directed to run concurrently by the learned Sessions
Judge, Sambalpur vide judgment and order dated
14.11.2017 passed in S.T. Case No.133 of 2011.
In pursuance of the order dated 07.07.2025, learned
counsel for the State has produced the written instruction
dated 31.07.2025 received from the Inspector In-Charge of
Ainthapali police station, Sambalpur, which is taken on
record.
Learned counsel for the petitioner submits that the
petitioner has remained in judicial custody for more than
fourteen years and though some cases were instituted
against the petitioner and he has acquitted in those cases
and to that effect, he has filed a comprehensive affidavit,
which is on record.
Considering the submissions made by the learned
counsel for the respective parties, nature of evidence
available on record particular, the evidence of the eye
witnesses and the doctor, while not inclining to release the
petitioner on bail on merits but taking into account the
period of detention of the petitioner in judicial custody for
more than 14 years and absence of any chance of early
hearing of the appeal in the near future, we are inclined to
release the petitioner 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 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 subject to condition that he shall
not indulge in any criminal activities in any manner and he
shall not try to come in contact with the family member of
the deceased and he shall appear before the Inspector in-
charge of Ainthapali police station once in a week on every
Sunday in between 10.00 a.m. to 04.00 p.m. and shall not
indulge in any criminal activities. The I.I.C. shall keep a
close watch over the activities of the petitioner while on
interim bail.
Violation of any of the condition shall entail
cancellation of bail.
Learned counsel for the State shall produce the report
from the Inspector in-charge of Ainthapali police station
regarding the conduct of the petitioner while on interim
bail.
The I.A. is disposed of accordingly.
( S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
12. List this matter in the week commencing from
10.11.2025.
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 as per
rules.
( S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
Rajesh
