Orissa High Court
Susanta Behera vs State Of Odisha on 13 August, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 284 of 2024
Susanta Behera ..... Appellant/Petitioner
Mr. Tapas Kumar Acharya,
Advocate
-versus-
State of Odisha ..... Respondent/Opp. Party
Mr. Aurobinda Mohanty,
Addl. Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S.S. MISHRA
ORDER
Order No. 13.08.2025
I.A. No. 2212 of 2025
07. This is an application for interim bail filed by appellant-
petitioner on the ground that his father has expired on
05.08.2025 and he seeks his release to observe/perform
obsequies ceremony.
A document issued in relation to the death of the
father of the appellant by the Corporator, Brahmapur
Municipal Corporation has been annexed to the interim
application as Annexure-3.
The learned counsel for the State seeks for an
adjournment, as he is not able to obtain instruction on the
interim application.
Heard.
The appellant-petitioner has been convicted under
sections 302/201/34 of the Indian Penal Code and under
section 25(I-A)/27(2) of the Arms Act, and was sentenced to
undergo imprisonment for life and to pay a fine of
Rs.10,000/- (rupees ten thousand), in default, to undergo
R.I. for a period of four months for the offence under section
302/34 of the Indian Penal Code; and was sentenced to
undergo R.I. for seven years and to pay fine of Rs.3,000/-
(Rupees three thousand), in default, to undergo R.I. for two
months for the offence under sections 201/34 of the Indian
Penal Code; and was sentenced to undergo R.I. for five
years and to pay a fine of Rs.5000/- (Rupees five thousand),
in default, to undergo R.I. for three months for the offence
under section 25(1-A) of the Arms Act; and was sentenced
to undergo R.I. for seven years and to pay fine of Rs.5000/-
(Rupees five thousand), in default, to undergo R.I. for three
months for the offence under section 27 (2) of the Arms Act
and all the sentences were directed to run concurrently by
the learned Additional Sessions Judge, Aska, Ganjam in S.T.
No.43 of 2013 (e-filing No. SC 35/2014).
Perused the impugned judgment.
Considering the submissions made by learned counsels
for the respective parties, the averments taken in the
interim application and the certificate issued by the
concerned Corporator, we are inclined to release the
appellant on interim bail for a period of twenty days from
the date of his release and the appellant 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 and subject to verification by the
learned trial court through the Inspector-in-charge,
Berhampur Town Police Station regarding the correctness of
the stand taken by the appellant-petitioner relating to the
death of his father and if it is found to be correct, then only
the bail bonds shall be accepted. It is further directed that
petitioner 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 in course of the
day.
(S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
08. Put up this matter in the week commencing from 22 nd
September, 2025.
Learned counsel for appellant shall file the surrender
certificate of appellant on the next date.
(S.K. Sahoo)
Judge
Ashok/Swarna
(S.S. Mishra)
Judge
Signed by: ASHOK KUMAR JAGADEB MOHAPATRA
Location: High Court of Orissa
Date: 13-Aug-2025 19:12:38
