Tejaraj Pande @ Rout vs State Of Odisha
2025 Latest Caselaw 1627 Ori

Orissa High Court

Tejaraj Pande @ Rout vs State Of Odisha on 23 July, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLA No.694 of 2017
              Tejaraj Pande @ Rout                   ....     Appellant/
                                                             Petitioner

                                  Mr. Rabi Narayan Mohanty,
                                  Advocate

                                      -versus-

              State of Odisha                        ....
                                                   Respondent/
                                                      Opp. Party
                                  Mr. Jateswar Nayak,
                                  Addl. Government Advocate
                              CORAM:
                 THE HON'BLE MR. JUSTICE S.K. SAHOO
                THE HON'BLE MR. JUSTICE S.S. MISHRA
                                    ORDER

Order No.                         23.07.2025
                              I.A. No.3051 of 2024

08. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This is an application for bail.

Learned counsel for the appellant-petitioner submits that since another bail application has been filed by the petitioner, he does not want to press this application.

Accordingly, the I.A. stands disposed of as not pressed.

( S.K. Sahoo) Judge

( S.S. Mishra) Judge

09. This is an application under Section 389 of Cr.P.C.

for grant of bail.

Heard.

The appellant-petitioner has been convicted under sections 341/307/302/34 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- (rupees ten thousand), in default of payment of fine, to undergo further R.I. for a period of one year for the offence under section 302 of the Indian Penal Code, R.I. for a period of five years and to pay a fine of Rs.5,000/- (rupees five thousand), in default of payment of fine, to undergo further R.I. for a period of six months for the offence under section 307 of the Indian Penal Code and S.I. for a period of one month for the offence under section 341 of the Indian Penal Code and all the sentences were directed to run concurrently by the learned Sessions Judge, Nuapada in Sessions Trial No.13 of 2014.

Perused the impugned judgment.

Learned counsel for the petitioner submits that the petitioner is in judicial custody since 05.09.2013 and four accused persons including the petitioner faced trial in the Court of learned Sessions Judge, Nuapada in Sessions Trial No.13 of 2014 and all of them have found guilty under section 302 of the Indian Penal Code and other offences

and sentenced to life imprisonment and one of the accused, namely, Ramesh Pande, who preferred CRLA No.683 of 2017, has been directed to be released on bail vide order dated 20.01.2025.

When the matter was taken up on 21.07.2025, learned counsel for the petitioner made a submission that the petitioner is similarly situated like Ramesh Pande, the appellant in CRLA No.683 of 2017 and accordingly, he handed over the copy of the bail order to the learned counsel for the State for verification regarding claim of parity.

Mr. Jateswar Nayak, learned Additional Government Advocate after verifying the bail order and the materials available on record fairly submits that the petitioner is similarly situated like the accused-appellant Ramesh Pande, who was granted bail by this Court in CRLA No.683 of 2017.

Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody, since similarly situated co-accused has already been granted bail in the connected appeal, we are inclined to release the petitioner on bail.

Let the appellant-petitioner be released on bail pending disposal of the appeal 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.

Accordingly, the I.A. is disposed of.

Urgent certified copy of this order be granted as per rules.

( S.K. Sahoo) Judge

( S.S. Mishra) Judge

RKM

Signed by: RABINDRA KUMAR MISHRA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 25-Jul-2025 12:12:12