Orissa High Court
Susa @ Sushanta Rout & 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.353 of 2016
Susa @ Sushanta Rout & .... Appellants/
others Petitioners
Mr. Subash Chandra Puspalaka,
Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Aurobinda Mohanty,
Addl. Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S.S. MISHRA
ORDER
Order No. 30.07.2025
I.A. No.963 of 2025
28. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
This is an application for bail filed by the appellant-
petitioner no.6, Bhagaban Arisal.
The appellants-petitioners have been convicted for the
offences punishable under sections 147/ 148/ 452/ 323/
506/427/302/149 of the Indian Penal Code and Section 9(B)
of the Indian Explosive Act and Section 3(a) of the Explosive
Substances Act and they were directed to undergo R.I. for
one year each under Section 147 of the Indian Penal Code,
sentenced to undergo R.I. for two years each under Section
148 of the Indian Penal Code, to undergo R.I. for three years
each and to pay fine of Rs.3,000/- (Rupees three years)
each, in default, to undergo R.I. for six months each under
sections 452/149 of the Indian Penal Code, to undergo
imprisonment for life each and to pay fine of Rs.10,000/-
(Rupees ten thousand) each, in default, to undergo R.I. for
six months each under section 323/149 of the Indian Penal
Code, to undergo R.I. for one year each under Section
427/149 of the Indian Penal Code, to undergo R.I. for one
year each under Section 506/149 of the Indian Penal Code,
to undergo R.I. for one year each under Section 9B(b) of the
Explosive Act, 1984, sentenced to undergo R.I. for ten years
each and to pay fine of Rs.5,000/- (Rupees five thousand)
each, in default, to undergo R.I. for three months each under
Section 3(a) of the Explosive Substances Act, 1908 and all
the sentences were directed to run concurrently by the
learned 2nd Additional Sessions Judge, Khurda in S.T. No.56
of 2013 & ST-7 of 2015.
Learned counsel for the petitioner submits that the bail
application of the petitioner no.6 along with bail application
of appellant no.5, Babu @ Satis Arisal, appellant no.7,
Bhagirathi Jujharsingh, appellant no.13, Dipu Sundaray and
appellant no.14, Rabi Sundaray were rejected earlier. He
further submits that subsequently by the order dated
17.01.2017, the bail application of appellant no.5, Babu @
Satis Arisal and appellant no.13, Dipu Sundaray were
allowed. Similarly, as per the order dated 21.04.2023, the
bail application of appellant no.14, Rabi Sundaray was
allowed and by order dated 12.05.2023, the bail application
of appellant no.7, Bhagirathi Jujharsingh was allowed. Since
the petitioner no.6, Bhagaban Arisal stands on the similar
footing and he is in judicial custody for more than nine years
and there is no chance of any early hearing of the Criminal
Appeal in the near future, the bail application may be
favourably considered.
Learned counsel for the State has not disputed about
the release of the co-appellants whose bail application along
with the petitioners were rejected vide order dated
27.09.2016.
Considering the submissions made by the learned
counsel for the respective parties, the period of detention of
the petitioner no.6, Bhagaban Arisal in the judicial custody,
release of the similarly situated co-appellants on bail, we are
inclined to reconsider the prayer for bail and direct the
appellant no.6, Bhagaban Arisal to be released on bail.
Let the appellant no.6, Bhagaban Arisal 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
Heard.
There shall be stay of realization of fine amount imposed
by the learned trial Court on the appellant-petitioner
pursuant to the judgment and order dated 24.06.2016
passed by the learned 2nd Additional Sessions Judge, Khurda
in S.T. No.56 of 2013 & ST-7 of 2015 till disposal of the
criminal appeal.
The Misc. Case is disposed of.
( S.K. Sahoo)
Judge
( S.S. Mishra)
Judge
Subhasis
Designation: Personal Assistant
Location: High Court of Orissa, Cuttack.
Date: 30-Jul-2025 19:31:50
