Citation : 2025 Latest Caselaw 1716 Ori
Judgement Date : 25 July, 2025
Signature Not Verified
Digitally Signed
Signed by: MANAS KUMAR PANDA
Designation: Personal Assistant
Reason: Authentication
Location: OHC, Cuttack
Date: 25-Jul-2025 17:55:32
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1085 of 2024
Dinabandhu Mohapatra and Another .... Appellants
Mr. Chandan Samantaray, Advocate
-versus-
State of Odisha .... Respondents
Mr. R. Pradhan, Additional Public Prosecutor
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
25.7.2025 Order No.
05. 1. Heard Mr. C. Samantaray, learned counsel for the Appellants and Mr. R. Pradhan, learned Additional Public Prosecutor for State.
2. The Appellants namely Dinabandhu Mohapatra and Prafulla Mohapatra, who are convicted for commission of offence under Section 304/34 of I.P.C. and sentenced to undergo R.I. for 7 years each along with fine by learned 3rd Additional Sessions Judge, Balasore in judgment dated 3rd September, 2024 passed in S.T. Case No.19 of 2021 have prayed to release them on bail pending appeal.
3. It is submitted that Appellant No.1 - Dinabandhu Mohapatra is inside custody since 18th December, 2019 till date and Appellant No.2
- Prafulla Mohapatra from 7th November, 2020 till date. In the meantime Appellant No.1 has incarcerated for 5 years 7 months 6 days and Appellant No.2 for 4 years 8 months 16 days. The copy of the custody certificate produced by the Appellants is kept on record.
4. Upon hearing both parties and going through the statement of witnesses and taking note of the period of custody of both the
Designation: Personal Assistant
Appellants, it is directed to release the Appellants on bail pending appeal on such terms and conditions to be fixed by learned 3rd Additional Sessions Judge, Balasore in S.T. Case No.19 of 2021.
5. The I.A. is disposed of.
06. 6. List the appeal for hearing in the 3rd week of December, 2025.
7. An urgent certified copy of this order shall be issued on proper application.
( B.P. Routray) Judge M.K.Panda
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