State Of Odisha vs Gobinda Harijan
2025 Latest Caselaw 3514 Ori

Orissa High Court

State Of Odisha vs Gobinda Harijan on 14 August, 2025

Author: Mruganka Sekhar Sahoo

Bench: Mruganka Sekhar Sahoo

                      IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    GCRLA No. 3 of 2025

                 State of Odisha                        ....            Appellant-
                                                                       Petitioner
                                                                 Represented by -
                                                           Mr. Debaraj Mohanty,
                                                       Additional Govt. Advocate.

                                            -Versus-
                 Gobinda Harijan                        ....            Respondent-
                                                                       Opp.Party
                                                          Represented by Adv. -
                                               Mr. Tukuna Ku. Mishra, Advocate.

                                     CORAM:
                   HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
                                      AND
                  HON'BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO

                                           ORDER

Order No. 14.08.2025

1. This application has been filed by the Respondent, against whom the Government Appeal has been entertained against the judgment and order of acquittal dated 16.07.2018 passed by the learned Addl. Sessions Judge-cum-Special Judge, Jeypore in T.R. No.23 of 2016.

2. It is stated at the Bar and also apparent from the records that Respondent-accused was taken into custody on 16.01.2016 and he was released on being acquitted on 16.07.2018 after pronouncement of judgment acquitting him from the alleged offences.

3. Considering the age of the Respondent-accused, he needs to be given a chance to assimilate with the society and reconstruct his life afresh. Accordingly, we allow the prayer made in the I.A. and direct that the learned trial court which was in seisin over the matter in T.R. No. 23 of 2016, i.e. learned Additional Sessions Judge-cum-Special Judge, Jeypore shall release the Respondent-Opp.Party on bail upon imposition of such suitable terms and conditions that would be deemed just and proper by the learned Court. The learned Court shall act upon production of the certified copy of this order.

4. Registry of this Court shall immediately forward a copy of this order to the court of the learned Addl. Sessions Judge-cum-Special Judge, Jeypore for reference.

In the event the matter is assigned to any other Court of jurisdiction in the meantime, the said learned Court shall act upon production of the certified copy of this order passed in the I.A. and the copy of the order shall be transmitted from the learned Addl. Sessions Judge-cum-Special Judge, Jeypore.

5. The I.A. is disposed of accordingly.

6. In the meanwhile the learned Addl. Govt. Advocate for the Appellant and the learned counsel for the Respondent shall receive the copies of paper-book, if not already received, for hearing of the Appeal.

7. List the Appeal for hearing in due time. Liberty to mention.

(Manash Ranjan Pathak)

Designation: ADR-cum-Addl. Principal Secretary

Location: ORISSA HIGH COURT, CUTTACK (Mruganka Sekhar Sahoo) Date: 18-Aug-2025 20:12:14 Judge S.K. Parida