[Cites 2, Cited by 0]
Orissa High Court
Pramod Sahoo vs State Of Odisha on 1 December, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.388 of 2019
1. Pramod Sahoo
2. Babuli Sahoo ..... Appellants/
Petitioners
Mr. Devashis Panda,
Advocate
-versus-
State of Odisha ..... Respondent/
Opp. Party
Mr. Partha Sarathi Nayak,
Addl. Govt. Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
ORDER
Order No.
01.12.2025
I.A. No.2209 of 2025
29. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
This is an application for bail of appellant no.2 Babuli
Sahoo.
Perused the impugned judgment.
The appellants-petitioners have been convicted for the
offences punishable under section 302/34 of I.P.C. and
sentenced to undergo imprisonment for life each and to
pay a fine of Rs.6,000/- (rupees six thousand) each, in
default, to undergo R.I. for a further period of three
months by the learned Sessions Judge, Dhenkanal vide
judgment and order dated 19.04.2019 in C.T.(Ss.) case
No.135 of 2017.
Mr. Panda, learned counsel appearing for the
petitioner submits that the petitioner is in judicial custody
for more than seven years eleven months.
Learned counsel for the State has produced the
custody certificate to that effect, which is taken on record.
Mr. Panda, learned counsel appearing for the
petitioner further submits that the petitioner was granted
interim bail for a period of four weeks as per the order
dated 26.02.2020 passed in I.A. No.248 of 2020 and a
further period of one week as per the order dated
28.03.2025 passed in I.A. No.903 of 2025 and he has
surrendered at right time after availing the interim bail
period.
Learned counsel for the State has produced the report
dated 23.10.2025 of the I.I.C., Rasol police station, which
indicates that during the interim bail period, nothing
adverse was reported against the petitioner. Learned
counsel has also produced another report dated
24.11.2025 of the Superintendent, District Jail, Dhenkanal,
which indicates that the petitioner repenting a lot for his
past deeds and he is in the process of reformation. The
reports are taken on record. Learned counsel for the State,
however, submits that on merit, the bail application of the
petitioner has been rejected as per the order dated
31.03.2022 and 13.10.2023 and the eye witness P.W.4 has
stated about the occurrence and the doctor (P.W.10), who
conducted post mortem examination has noticed number of
injuries on the person of the deceased.
Considering the submissions made by the learned
counsel for the respective parties, the nature of evidence
available on record, while not inclining to release the
petitioner on bail on merits, but taking into account the
period of detention of the petitioner in judicial custody for
more seven years and eleven months and his conduct
during interim bail period granted earlier and absence of
any chance of early hearing of the appeal in the near
future, we are inclined to release the petitioner on interim
bail for a period of three months from the date of release.
The petitioner shall immediately surrender before the
learned trial Court on expiry of the said three months
period.
For the above period, let the appellant no.2 Babuli
Sahoo 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 condition shall entail
cancellation of bail.
Learned counsel for the State shall produce the report
from the Inspector in-charge of Rasol police station
regarding the conduct of the appellant no.2 Babuli Sahoo
while on interim bail.
The I.A. is disposed of accordingly.
( S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
30. List this matter in the week commencing from
09.03.2026.
Learned counsel for appellant no.2 shall file the
surrender certificate of appellant no.2 by the next date.
Learned counsel for the State shall obtain instruction
regarding the conduct of the appellant no.2 while on
interim bail.
Urgent certified copy of this order be granted as per
rules.
( S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
Rajesh
Signed by: RAJESH KUMAR BADHEI
Location: HIGH COURT OF ORISSA,
CUTTACK
Date: 02-Dec-2025 13:39:55
