Orissa High Court
Sanyashi Padhan vs State Of Odisha on 5 March, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.407 of 2018
Sanyashi Padhan .... Appellant/
Petitioner
Mr. J. Bhuyan, |Advocate
-versus-
State of Odisha .... Respondent/
Opp.Party
Mr.Jateswar Nayak
Addl. Govt. Advocate
CORAM:
HON'BLE MR. JUSTICE S.K. SAHOO
HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
Order No. 05.03.2025
I.A. No.1001 of 2018
08. This matter is taken up through Hybrid arrangement
(Video Conferencing/physical mode).
This is an application under section 389 of Cr.P.C. for
grant of bail to appellant-petitioner.
Heard the learned counsel for the petitioner and
learned Addl. Standing Counsel for the State.
The appellant-petitioner Sanyashi Padhan has been
convicted and sentenced to undergo imprisonment for life
and to pay a fine of Rs.10,000/- (rupees ten thousand), in
default, to undergo R.I. for one year more for the offence
under section 302/34 of I.P.C. and to undergo R.I. for five
years and to pay a fine of Rs.3,000/- (three thousand), in
default, to undergo R.I. for a period of four months more
for the offence under section 201/34 of I.P.C. and both the
sentences were directed to run concurrently vide judgment
and order dated 06.03.2018 passed by the learned Addl.
Sessions Judge, Bargarh in C.T. Case No. 82/28 of 2015.
Learned counsel for the appellant-petitioner
submitted that the petitioner was taken into judicial
custody on 17.01.2015 and he along with the co-accused
Gobinda Sahoo faced trial for commission of offences under
sections 302/201/34 of the I.P.C. and both them were
found guilty of the offences charged and the said Gobinda
Sahoo, who preferred CRLA No.376 of 2018, has been
directed to be released on bail vide order dated 15.10.2020
in I.A. No. 924 of 2018. He files the copy of the bail order
of the appellant Gobinda Sahoo, which is taken on record.
Learned counsel further submitted that the case is based
on circumstantial evidence and the main circumstance is
the last seen of the deceased Gobinda Padhan in the
company of the appellant and the co-accused Gobinda
Sahoo. It is submitted that in view of the period of
detention of the petitioner in judicial custody and since
there is no chance of early hearing of the appeal in the
near future and paper book has not been prepared and the
petitioner is similarly situated like the co-accused Gobinda
Sahoo, bail application of the petitioner may be favourably
considered.
Learned counsel for the State, on the other hand,
opposed the prayer for bail and submitted that apart from
the last seen at the instance of the petitioner, some
incriminating articles have been seized.
Considering the submissions made by the learned
counsel for the respective parties, absence of any direct
evidence and absence of any chance of early hearing of the
appeal in the near future, 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 solvent
surety for the like amount to the satisfaction of the
learned trial Court with such terms and conditions as the
learned Court may deem just and proper including the
condition that while on bail, the petitioner shall not
indulge himself in any criminal activities. Violation of any
of the conditions shall entail cancellation of bail.
The I.A. is disposed of accordingly.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
(Savitri Ratho)
Judge
PKSahoo
Location: HIGH COURT OF ORISSA
