Orissa High Court
Madan Naik And vs State Of Odisha on 2 January, 2025
Bench: S.K.Sahoo, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.570 of 2015
Madan Naik and
another ..... Appellants/Petitioners
M/s. Deepali Mohapatra
Advocate
-versus-
State of Odisha ..... Respondent/Opp. Party
Mr. A. Mohanty,
Addl. Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K.SAHOO
THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No. 02.01.2025
I.A. No.152 of 2024
07. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This is an application under section 394 Cr.P.C.
filed by the son of the appellant no.2 to abate the
appeal in relation to appellant no.2, Linga Naik.
As per the order dated 12.11.2024, while noting
down the submission of the learned counsel for the
appellants that the appellant no.2, Linga Naik, has
expired on 05.12.2020, learned counsel for the State
was directed to obtain instruction on the same.
Today, the learned counsel for the State produced
the written instruction received from the Inspector in-
charge of Bolangir Sadar Police Station, which indicates
that the death certificate of the appellant no.2 issued by
the Registrar of Birth & Deaths-cum-Superintendent of
C.H.C., Chudapali, is genuine. The written instruction is
taken on record.
Since no application has been filed by the legal
heirs of the appellant no.2 seeking leave to continue the
appeal within the prescribed period, the CRLA abates
against the appellant no.2, in view of the provisions
under section 394 of Cr.P.C.
Accordingly, the I.A. is disposed of.
( S.K. Sahoo)
Judge
(Chittaranjan Dash)
Judge
08. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
This is an application under section 389 of Cr.P.C.
for grant of bail.
Heard.
Perused the impugned judgment.
The appellant-petitioner, Madan Naik, has been
convicted for the offences punishable under section 302 of
the Indian Penal Code and sentenced to undergo
imprisonment for life and to pay a fine of Rs.1000/-
(rupees one thousand), in default to undergo R.I. for two
months by the learned Sessions Judge, Balangir vide
judgment and order dated 14.10.2015 passed in
S.C.No.152 of 2011.
As per the order dated 12.11.2024, learned counsel
for the State has produced the custody certificate of the
petitioner issued by the Superintendent, District Jail,
Balangir dated 11.02.2024, which indicates that the total
sentence undergone by the petitioner is thirteen years
and five months. The custody certificate is taken on
record.
Learned counsel for the petitioner submitted that the
petitioner Madan Naik has been in judicial custody for
more than thirteen years and since the paper book has
not been prepared, there is no chance of early hearing of
the appeal in the near future and therefore, the bail
application of the petitioner may be favourably
considered.
Learned counsel for the State, on the other hand,
opposed the prayer for bail and submitted that it is a case
of double murder and one of the deceased is aged about
fourteen years at the time of occurrence and there are
eye witnesses to the occurrence.
Considering the submissions made by the learned
counsel for the respective parties, the available materials
on record and the nature and gravity of the accusation,
while not inclining to release the petitioner on bail on
merit but taking into account his period of detention in
judicial custody and since the paper book has not been
prepared, 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 Court below on the expiry of the said
three months period.
For the above period, let the petitioner be released
on interim bail to the satisfaction of the learned trial
Court in connection with the aforesaid case on
furnishing bail bond of Rs.50,000/- (rupees fifty
thousand) with two local solvent sureties each for the
like amount including the conditions that the petitioner
shall not indulge in any criminal activities and shall not
try to come in contact with the family members of the
deceased while on interim bail.
Violation of any of the conditions shall entail
cancellation of the interim bail.
The I.A. is disposed of accordingly.
( S.K. Sahoo)
Judge
(Chittaranjan Dash)
Judge
09. List this matter in the week commencing from
10thMarch 2025.
Learned counsel for the petitioner shall file the
surrender certificate of the petitioner in the meantime.
The Registry is directed to prepare the paper book
in the meantime and place the matter for hearing.
( S.K. Sahoo)
Judge
(Chittaranjan Dash)
Judge
Pravakar
Designation: AR-cum-Senior Secretary
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 03-Jan-2025 19:27:31
