Orissa High Court
Balia @ Balaram Sahu vs State Of Odisha on 1 August, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No. 28 of 2024
Balia @ Balaram Sahu ..... Appellant/Petitioner
Ms. Binapani Tripathy,
Amicus Curiae
-versus-
State of Odisha ..... Respondent/Opp. Party
Mr. Partha Sarathi Nayak,
Addl. Government
Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S.S. MISHRA
ORDER
Order No. 01.08.2025
I.A. No.119 of 2025
12. 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 mother of the petitioner.
Heard Ms. Binapani Tripahty, learned Amicus
Curiae appearing for the petitioner and Mr. Partha
Sarathi Nayak, learned Additional Government Advocate
appearing for the State.
The appellant-petitioner has been convicted under
section 302/201 of the Indian Penal Code and
sentenced to undergo imprisonment for life and to pay a
fine of Rs.10,000/- (rupees ten thousand), in default, to
undergo further R.I. for a period of six months for the
offence under section 302 of the Indian Penal Code and
to undergo further R.I. for three years and to pay fine of
Rs.10,000/- (Rupees ten thousand) for the offence
under section 201 of the Indian Penal Code, in default,
to undergo R.I. for six months and both the sentences
were directed to run concurrently by the learned 3rd
Additional Sessions Judge, Berhampur in case No. S.T.
No.114 of 2022.
Perused the impugned judgment.
Learned counsel for the petitioner submits that by
the order dated 17.01.2025 interim bail for a period of
three months was granted by taking into account the
ailment of the mother of the petitioner. After expiry of
the bail period the petitioner surrendered at the right
time and its reported that he has not misutilised his
liberty in any manner.
As per the previous order, learned counsel for the
State has produced the report from the I.I.C.,
Berhampur Sadar Police Station dated 23.07.2025,
indicating that the mother of the petitioner is suffering
from loss of Lumbar Lordsos noted with disc
desciccation and osteophytic lipping at multiple levels
i.e. L1-2 and L-23 flaval Ligament Hypertrophy with
facet joint resulted to Lumber Spondylodiscal
Deyenerative changes. It further noted that the medical
document attached to the interim application is genuine
one, which was proved by the treating MO, MKCG, MCG,
Berhampur. It further indicated that there is no male
member in the family to look after the mother of the
petitioner. The documents filed by the learned counsel
for the State are taken on record. Learned counsel for
the State has also produced the written instruction
received from the I.I.C., B. Sadar Police Station dated
19.06.2025 which indicates that during the interim bail
period, the conduct of the petitioner was good and
nothing adverse came to the notice against him.
Considering the submissions made by the learned
counsel for the respective parties, the averments taken
in the interim application, the medical documents filed
with the interim application, the instruction obtained by
the learned counsel for the State and since the
petitioner has not misutilised his liberty while on interim
bail, we are inclined to release him on interim bail for a
period of three months from the date of his release and
the petitioner shall surrender before the learned trial
Court immediately on expiry of the 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.
Violation of any of the conditions shall entail
cancellation of interim bail.
The I.A. is disposed of accordingly.
Urgent certified copy of this order be granted as
per rules.
(S.K. Sahoo)
Judge
(S.S. Mishra)
Subhasis
Judge
Designation: Personal Assistant
Location: High Court of Orissa, Cuttack.
Date: 01-Aug-2025 18:04:57
