Nikhil Kumar Mohanty vs State Of Odisha
2025 Latest Caselaw 892 Ori

Orissa High Court

Nikhil Kumar Mohanty vs State Of Odisha on 4 July, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.419 of 2014

              Nikhil Kumar Mohanty            ....      Appellant(s)

                                Mr. Durga Prasad Dhal, Advocate

                                    -versus-

              State of Odisha                 ....    Respondent(s)

                                 Mr. Sarat Chandra Pradhan, ASC

                             CORAM:
                THE HON'BLE MR. JUSTICE S.K. SAHOO
               THE HON'BLE MR. JUSTICE S. S. MISHRA

                                  ORDER

Order No.                       04.07.2025
                              I.A. No.295 of 2025

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

This is an application for bail.

Heard learned counsel for the appellant-petitioner and learned counsel for the State.

The appellant-petitioner has been convicted under Sections 498-A/302 of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act and sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo R.I. for a period of two months for the offence under Section 302 of I.P.C., further he is sentenced to R.I. for two years and to pay a fine of Rs.5,000/- (rupees five

thousand), in default, to undergo R.I. for two months for the offence under Section 498-A of I.P.C. and to undergo R.I. for six months and to pay a fine of Rs.5,000/- (Rupees five thousand), in default, to undergo R.I. for two months for the offence under Section 4 of the Dowry Prohibition Act and all the sentences were directed to run concurrently by the learned 2nd Additional Sessions Judge, Balasore.

Perused the impugned judgment.

Learned counsel for the appellant-petitioner submits that the petitioner is in judicial custody for more than twelve years. He has placed reliance on the custody certificate issued by the Superintendent of District Jail, Balasore, which is at flag-P. He further submits that thrice the petitioner has been released on interim bail and after availing the same, he has surrendered at right time and nothing adverse has been reported against the petitioner. To that effect, learned counsel for the State has produced the conduct certificate which is at flag-Q from the I.I.C., Simulia P.S., which shows that nothing adverse was reported against the petitioner during the interim bail period.

Considering the submission made by the respective parties, period of detention of the petitioner in judicial custody and the fact that the petitioner has not misutilised his liberty while on bail and absence of any chance of early hearing of the appeal in the near future, as paper book has not been prepared, 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.50,000/- (rupees fifty thousand) with two local solvent sureties for the like amount to the satisfaction of the learned trial Court and after verification of the address of the petitioner by the learned Court below.

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 Swarna/Ashok

Signed by: ASHOK KUMAR JAGADEB MOHAPATRA

Location: High Court of Orissa, Cuttack Date: 04-Jul-2025 19:11:56