Citation : 2025 Latest Caselaw 2475 Ori
Judgement Date : 6 August, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.258 of 2023
Biki @ Prasanta Kumar ..... Appellant/Petitioner
Sahu
Mr. Smruti Ranjan Rout,
Advocate
-versus-
State of Odisha ..... Respondent/Opp. Party
Mr. Sarat Chandra Pradhan,
Addl. Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S.S. MISHRA
ORDER
Order No. 06.08.2025
I.A. No.2171 of 2025
22. Though this matter was not included in today's Board, but on being mentioned by the learned counsel for the appellant that the appellant's father has expired today and the interim bail application has been filed, taking into account the urgency of the matter, the matter was directed to be listed today by way of a special notice.
Heard.
The appellant-petitioner has been convicted under section 302/201/34 of the Indian Penal Code and was 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 one year for the offence under section 302 of the Indian Penal Code and was sentenced to undergo R.I. for two years and to pay fine of Rs.1,000/- (Rupees one thousand), in default, to suffer further R.I. for two months for the offence under section 201 of the Indian Penal Code and both the sentences were directed to run concurrently by the learned Additional Sessions Judge, Angul in C.T.(S) No.44 of 2011.
Perused the impugned judgment.
This is an application for interim bail of the appellant Biki @ Prasanta Kumar Sahu on the ground that the father of the petitioner expired today and the petitioner, being the eldest son is to perform the obsequies ceremony of his father.
Today, in the first hour when this matter was mentioned, we asked the learned counsel for the State to verify the averment in the interim application. Accordingly, learned counsel for the State has obtained written instruction dated 06.08.2025 from the
Inspector-in-charge, Banarpal Police Station, District- Angul confirming that the father of the petitioner was sick and bed-ridden for a long time and has expired today, and the petitioner, being the eldest son, is to perform the obsequies ceremony. The said written instruction is taken on record.
Learned counsel for the petitioner submits that earlier, the petitioner was released on interim bail three times and after lapse of the interim bail period, he has surrendered at the right time.
Considering the submissions made by learned counsels for the respective parties, the averments taken in the interim application and the written instruction received by the learned counsel for the State, we are inclined to release the appellant-petitioner, Biki @ Prasanta Kumar Sahu on interim bail for a period of twenty days from the date of his release and the petitioner shall surrender before the learned trial Court immediately on expiry of the said 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 terms and conditions shall entail cancellation of the interim bail.
The I.A. is disposed of accordingly. Issue urgent certified copy of this order be granted in the course of the day.
(S.K. Sahoo) Judge
Subhasis (S.S. Mishra) Judge
Designation: Personal Assistant
Location: High Court of Orissa, Cuttack. Date: 06-Aug-2025 13:24:05
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