Orissa High Court
Suka @ Sukadevdehury vs State Of Odisha on 30 July, 2025
Author: S.K.Sahoo
Bench: S.K.Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.
No.13 of 2006
Suka @ SukadevDehury
..... Appellant/
Petitioner
Mr. Manoj Kumar Mohanty,
Advocate
-versus-
State of Odisha ..... Respondent/
Opp. Party
Mr.AurobindaMohanty,
Addl. Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K.SAHOO
THE HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 30.07.2025
04. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
This is an application for bail.
Heard.
The petitioner has been convicted for the offence
offences
section 302/324 of the Indian Penal
Signed by: RAJESH KUMAR BADHEI
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA,
CUTTACK
Code (hereinafter 'I.P.C.') and sentenced him to undergo
Date: 01-Aug-2025 13:13:35
imprisonment for life and to pay a fine of Rs.2,000/-
Rs.
(rupees two thousand), in default, to undergo further
rigorous imprisonment for one year for the offence under
section 302of the I.P.C.and to pay a fine of Rs.2,000/-
Rs.2
(rupees two thousand), in default, to undergo rigorous
imprisonment for six months for the offence under section
324 of I.P.C.by thelearned Sessions Judge, Dhenkanalvide
Dhenkanal
judgment and order dated 20.09.2005 passed in C.T.
(Sessions) case No.276 of 2004
2004.
Pursuance to the order dated 21.07.2025,, learned
counsel for the State has produced the custody certificate
received from the Superintendent, District Jail,
Dhenkanal.As
.As per the report, the appellant-petitioner
petitioner has
beenin
in judicial custody for more than twenty one years.
The custody certificate is taken on record.
Considered
ed the submissions made by the learned
counsel for the respective parties andperused
perused the
impugned judgment.
judgment It appears from the record that
during course
rse of quarrel, the appellant
appellant-petitioner
petitioner stated to
have dealt a single knife blow to the deceased, which
resulted in his death and further taking into account the
period of detention of the appellant
appellant-petitioner
petitioner in judicial
custody, we are inclined to relea
release the appellant-petitioner
petitioner
on bail.
Let the appellant
appellant-petitioner
petitioner be released on bail
pending disposal of the appeal on furn
furnishing
ishing bail bond of
Rs.20,000/-(rupees
(rupees twenty thousand) with one solvent
surety for the like amount to the satisfaction of the
learned trial Court with such terms and conditions as the
learned trial Court may deem just and proper and
including the condition that he shall not indulge in any
criminal activities.
Violation of any of the terms and conditions fixed
shall entail cancellation
cancel of bail.
I.A. is disposed of accordingly.
Issue certified copy as per rules.
( S.K. Sahoo)
Judge
( S.S. Mishra)
Judge
05. This is an application for stay of realization of fine.
There shall be stay of realization of fine amount
imposed on the appellant
appellant-petitioner
petitioner by the learned
Sessions Judge, Dhenkanal vide judgment and order
dated 20.09.2005 passed in C.T. (Sessions) case No.276
of 2004 pending disposal of the criminal appeal.
The I.A. is disposed of.
( S.K. Sahoo)
Judge
( S.S. Mishra)
Judge
06. Though this case was filed in the year 2006, but we
have reflected in the order dated 21.07.2025 that the
appeal is listed for admission after about nineteen years
merely on the ground that there was some minor defects
defects.
We also sought explanation from the concerned Dealing
Assistant and Section Officer as to why there was
inordinate delay in listing of this matter.
Unfortunately
Unfortunately,, neither the counsel appearing for the
appellant nor the Registry of this Court has taken
minimum care to make sure that the appeal which was
filed in the year 2006 was even listed for the purpose of
admission,, which led to the consequent incarceration
arceration of
the appellant for about twenty one years.
Mr. AbhishekBiswal, Dealing Assistant being called
appeared before us and submitted that since 2024, he has
been dealing the criminal appeals both Single and Division
Bench of the year 2006, 2009 and 2017 and he had
verified all the files except the present one and in all other
files, the matter has been placed for admission and it has
also been admitted. He further submitted that presently
he has been dealing 475 files of the year 2006, 491 files
of the year 2009 and 380 files of the year 2017 apart
from some other files.
On being called,
called Mr. GobardhanMuduli,
Superintendent, Criminal Appeal Section also appeared
before us and we have gone through the explanation
furnished by him. He submitted that there
here are ten
numbers of Dealing Assistants working under him and
they are dealing with files of different years criminal
appeals.
Let Mr. Muduli, Superintendent, also states that he
has collated information from each of the Dealing
Assistant regarding wh
whether
ether any of the appeals has not
yet been admitted and if so, those matters have to be
placed for admission and if appeals have been admitted,
the interim applications and for stay realization of fine are
pending in those appeals or not. Necessary steps shall
sh be
taken for listing of those matters for orders. The entire
exercise shall be completed within two weeks.
List this matter in the week commencing from
25.08.2025.
( S.K. Sahoo)
Judge
( S.S. Mishra)
Judge
Rajesh
