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Orissa High Court
Nilamani Sahu vs State Of Odisha on 10 December, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No.44 of 2013
Nilamani Sahu ..... Appellant/
Petitioner
Mr. Ramanikanta Pattanaik,
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 SIBO SANKAR MISHRA
ORDER
Order No.
10.12.2025
08. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
This is an application for bail.
Heard.
Perused the impugned judgment.
The appellant-petitioner has been convicted for the
offence punishable under section 302 of I.P.C. and sentenced
Signed by: RAJESH KUMAR BADHEI
Location: HIGH COURT OF ORISSA,
CUTTACK Rs.10,000 (rupees ten thousand), in default, to undergo
Date: 11-Dec-2025 16:12:01
rigorous imprisonment for further period of one year by the
learned Sessions Judge, Dhenkanal vide judgment and order
dated 29.06.2013 in C.T./Ss. Case no.148 of 2011.
Learned counsel for the petitioner submits that the
petitioner is in judicial custody for more than twelve years
and it is a case based on circumstantial evidence and there
are good chances of success in the appeal and balance of
convenience is in his favour and there is absence of any
chance of early hearing of the appeal in the near future, even
though the paper book has been prepared and therefore, the
bail application of the petitioner may be favourably
considered.
Learned counsel for the State opposed the prayer for
bail and pointed out the circumstances which are available on
record against the petitioner, which was discussed in the
impugned judgment from paragraph no.7 onwards.
Considering the submissions made by the learned
counsel for the respective parties, the nature of evidence
available on record and absence of any direct evidence, the
period of detention of the petitioner in judicial custody for
more than twelve years and absence of any chance of early
hearing of the appeal in the near future, we are inclined to
release the petitioner on bail.
Let the appellant-petitioner be released on 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 conditions shall entail
cancellation of bail.
The I.A. is disposed of accordingly.
Let a copy of the order be communicated by the
Registrar (Judicial) to the concerned Jail Superintendent and
to the learned Sessions Judge, Dhenkanal by e-mail for
compliance.
A free copy of the order be handed over to the learned
counsel for the State for compliance.
( S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
09. This is an application for stay of realization of fine.
Heard.
Considering the submissions made by the learned
counsel for the parties, let there be stay of realization of fine
amount imposed on the appellant-petitioner pursuant to the
judgment and order dated 29.06.2013 passed by the learned
Sessions Judge, Dhenkanal in Sessions C.T./Ss. Case no.148
of 2011 pending disposal of the criminal appeal.
The I.A. is disposed of.
( S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
Rajesh
