Orissa High Court
Bipin Behera vs State Of Odisha on 8 January, 2025
IN THE HIGH
HCCOURT OF ORISSA AT CUTTACK
TACK
JCR
CRLA No.34 of 2019
Bipin Behera ..... Appellant/
Petitioner
Mr. Chitta Ranjan Sahu,
Advocate
-versus-
State of Odisha ..... Respondent/
Opp. Party
Mr. P.S. Nayak,
Addl. Govt. Advocate
CORAM:
THE HON'BL
N'BLE MR. JUSTICE S.K.SAHOO
THE HON'BLE MR.
MR JUSTICE CHITTARANJAN DASH
DA
ORDER
08.01.2025
Order No.
08. This matte
atter is taken up through
h Hybrid
arrangement (vid
(video conferencing/physical mode)
de).
This is an a
application under Section 389 of Cr.P.C.
for grant of bail.
ail.
Heard.
Perused the impugned judgment.
The appellan
ellant-petitioner has been convicted
cted for the
offence punishab
ishable under section 302 of the Indian
Penal Code and
nd sentenced
s to undergo imprisonm
onment for
life and to pay a fine of Rs.5,000/- (rupe
upees five
thousand), in
n de
default, to undergo R.I. for a period
pe of
one year by the learned Addl. Sessions Judge, Keonjhar
Ke
vide judgment
nt and
a order dated 30.03.2019 passed
pa in
S.T. Case No.24/
24/137 of 2016.
As per the
he p
previous order, learned counsel
sel for the
State has produced
prod the written instruction
tion dated
07.01.2025 received
rec from the I.I.C., Town
own P.S.,
Keonjhar wherein
erein it is indicated that during interim
inter bail
period, the cond
onduct of the petitioner is very go
good and
nothing adverse
rse has been received againstt him.
him The
said instruction
on is taken on record.
Learned cou
counsel for the petitioner submitt
mitted that
the petitioner is in judicial custody since 16.02.2016
16.0
and the parents
nts of the petitioner, who faced tria
trial along
with the petition
itioner have been acquitted by the learned
trial Court. Learn
earned counsel further submitted
ed tthat the
case is based
ed o
on circumstantial evidence and
an even
though paperr book
b has been prepared, there
here is no
chance of early
rly hearing
h of the appeal in the near future
and the balance
ance of convenience is in favour
our of the
petitioner and
d ttherefore, the bail application
ion of the
petitioner may
y be favourably considered.
Learned cou
counsel for the State opposed the prayer
for bail.
Considering
ring the submissions made by the learned
counsel for the
he respective
r parties, in view of the nature
of evidence on
n record
re and particularly the post
st m
mortem
report finding,
g, while not inclining to relea
elease the
petitioner on bail
bai on merit, but taking into acco
ccount the
period of detenti
tention of the petitioner in judicial
ial custody
c
and keeping in view
v the ratio laid down in the case of
Leti @ Jayadeb
deb Roy and another -Vrs.- The State
reported in (19
(1990) 3 Orissa Criminal Repor
ports 427
and absence of any chance of early hearing
ing of the
appeal in the near
nea future, we are inclined to release
rele the
petitioner on inte
interim bail for a period of three
ree months
from the date
ate of release and the petitione
ioner shall
surrender before
fore the learned trial Court immedia
ediately on
expiry of the three
thre months period.
For the abo
above period, let the appellant-pe
petitioner
be released on interim bail in the aforesaid
id c
case on
furnishing bail
ail bond of Rs.20,000/-(rupees
es twenty
thousand) with
ith two one solvent surety forr tthe like
amount to the
he satisfaction of the learned trial
tria Court
subject to cond
condition that shall not indulge
ge in any
criminal activities
ities in any manner.
Violation
n o
of any of the conditions shall entail
cancellation of interim
in bail.
Learned counsel
co for the State shall produ
roduce the
report from the Inspector in-charge of Keonjha
njhar Town
Police Station
n re
regarding the conduct of the petitioner
pe
while on interim
rim bail.
The I.A.. is disposed
d of accordingly.
A free copy of the order be handed over
ver to the
learned counsel
sel ffor the State.
( S.K. Sahoo)
oo)
Judge
(Chittaranjan Dash)
Das
Judge
09. List this
s m
matter in the week commencin
ncing from
15.04.2025. Lea
Learned counsel for the appellan
ellant shall
produce the surr
surrender certificate of the appellant
llant on the
next date.
Urgent certified
cert copy of this order be gran
granted as
per rules.
( S.K. Sahoo)
o)
Judge
(Chittaranjan Dash)
Das
Judge
sipun
Designation: Senior Stenographer
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 10-Jan-2025 14:23:02
