Orissa High Court
Budu Das vs State Of Odisha on 18 August, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 1287 of 2024
1. Budu Das .... Appellant(s)
2. Tukuna Behera @
Gopabandhu @ Hari Om
Behera
Ms. Deepali Mahapatra, Advocate
-versus-
State of Odisha .... Respondent(s)
Mr. Jateswar Naik, AGA
Mr. D.P. Dhal, Sr. Advocate along with
Mr. Haripad Mohanty, Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S. S. MISHRA
ORDER
Order No. 18.08.2025
I.A. No. 3392 of 2024
06. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
This is an application for bail filed by the appellant-
petitioners.
Heard learned counsel for the appellant-petitioners
and learned counsel for the State so also learned counsel
for the Informant.
Ms. Deepali Mahapatra, learned counsel for the
appellant-petitioners submits that she confines the prayer
in this application only for appellant no.2-Tukuna Behera @
Gopabandhu @ Hari Om Behera.
The appellant no.2- Tukuna Behera @ Gopabandhu @
Hari Om Behera has been convicted under Sections
147/148/302/149 of the Indian Penal Code and under
sections 3 & 4 of the Explosive Substances Act, 1908 and
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 one year for the offence under Section
302/149 of I.P.C.; to undergo R.I. for six months and to
pay a fine of Rs.1000/- (Rupees one thousand), in default,
to suffer R.I. for one months for the offence under section
147 of the Indian Penal Code; to undergo R.I. for six
months and to pay a fine of Rs.1000/- (Rupees one
thousand), in default, to suffer R.I. for one month for the
offence under section 148 of the Indian Penal Code; to
undergo R.I. for ten years and to pay a fine of Rs.5000/-
(Rupees five thousand), in default, to suffer R.I. for six
months for the offence under section 3 of the Explosive
Substances Act, 1908 and to undergo R.I. for seven years
and to pay a fine of Rs.5000/- (Rupees five thousand), in
default, to suffer R.I. for six months for the offence under
Section 4 of the Explosive Substances Act, 1908, and all the
sentences were directed to run concurrently by the learned
Sessions Judge, Ganjam, Berhampur in Sessions Trial No.
19 of 2014.
Perused the impugned judgment.
Ms. Deepali Mahapatra, learned counsel for the
appellant-petitioners submits that appellant no.2-Tukuna
Behera @ Gopabandhu @ Hari Om Behera was on bail
during the trial and there is no allegation of misutilization of
liberty and all the three eye witnesses, namely P.Ws.1, 9
and 15 have also not implicated him in the assault of the
deceased Shanti Prasad Mishra, which took place on
29.01.2013 and the appellant no.2 though faced trial on
being charged under Section 120-B of the IPC, but the
learned court below has acquitted him of such charge. She
further submits that there are good chances of success of
the appellant no.2 and there is no chance of early hearing of
the appeal in the near future. Therefore, the bail application
of appellant no.2 may be favourably considered.
Learned counsel for the State submits that there is no
criminal antecedents against the appellant no.2-Tukuna
Behera @ Gopabandhu @ Hari Om Behera.
Mr. D.P. Dhal, learned Senior Advocate appearing for
the informant also submits that the eye witnesses are not
implicated the appellant no.2-Tukuna Behera @ Gopabandhu
@ Hari Om Behera in the crime.
Considering the submission made by the respective
parties, the fact that the appellant no.2-Tukuna Behera @
Gopabandhu @ Hari Om Behera was on bail during the trial,
absence of any materials of mis-utilization of liberty while
on bail, the period of detention of the appellant no.2 in
judicial custody and absence of any chance of early hearing
of the appeal in the near future, we are inclined to release
the appellant no.2 on bail.
Let the appellant no.2-Tukuna Behera @ Gopabandhu
@ Hari Om Behera be released on bail pending disposal of
the appeal on furnishing bail bond of Rs.20,000/- (Rupees
twenty thousand) with two local solvent sureties 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 bail.
The I.A. is disposed of accordingly.
Issue urgent certified copy of this order as per rules.
( S.K. Sahoo)
Judge
( S. S. Mishra)
Judge
This is an application for stay of realization of fine.
Heard.
After hearing the learned counsels for both the parties,
there shall be stay of realization of fine amount imposed by
the learned trial Court on the appellant no.2 till disposal of
the criminal appeal.
The I.A. is disposed of.
(S.K. Sahoo)
Judge
Designation: Senior Stenographer (S. S. Mishra)
Location: High Court of Orissa
Date: 19-Aug-2025 16:59:31
Judge
Swarna/Ashok
