Orissa High Court
Sk. Noor vs State Of Odisha on 17 March, 2025
Bench: K.R. Mohapatra, V. Narasingh
Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: JUNIOR STENOGRAPHER
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 17-Mar-2025 16:35:26
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA NO.599 OF 2013
SK. Noor .... Appellant
Mr. Shyam Manohar, Advocate
-versus-
State of Odisha .... Respondent
Mr. Debasish Tripathy,
Additional Government Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE V. NARASINGH
ORDER
Order No. 17.03.2025
25. IA No.288 OF 2025
1. This matter is taken up through hybrid mode.
2. Perused the kind minutes of Hon'ble the Acting Chief
Justice at Flag-'Q' assigning the IA to be heard by a Division
Bench of which one of us (Mr. V. Narasingh, J.) is a member.
3. Accordingly, this IA is listed before this Bench.
4. The Appellant seeks suspension of sentence and release
on bail by filing this I.A. under Section 389 Cr.P.C. (U/s.430
BNSS) arising out of the judgment dated 18.12.2013 passed by
the learned Additional Sessions Judge, Jeypore in connection
with Criminal Trial No.13 of 2012 wherein the Appellant has
been convicted under Section 364/323/396/120-B of IPC and
directed to undergo imprisonment for life.
5. The Appellant is in custody since 22nd August, 2011 except
for the period he was released on interim bail. The Appellant has
never misused the liberty so granted. At present, the Appellant
has already suffered imprisonment for more than thirteen years.
Designation: JUNIOR STENOGRAPHER
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 17-Mar-2025 16:35:26
The Appeal is not likely to be heard in near future. The co-
accused, namely, SK Yakub, who stands in a similar footing has
been released on bail by this Court vide order dated 16th January,
2025 in I.A. No.139 of 2014.
Mr. Manohar, learned counsel for the Appellant also argued
on merit and submits that the Appellant has a fair chance of
success in the Appeal itself. He, therefore, prays for releasing the
Appellant on bail.
6. Mr. Tripathy, learned Additional Government Advocate
submits that he has no instruction with regard to criminal
antecedent, if any, of the Appellant. However, though he submits
that the Appellant stands on similar footing with that co convict,
namely, SK Yakub, but states that the paper book is ready and if
the Appellant makes an endavour, the Appeal can be heard at an
early date. As such, he opposes the prayer for bail referring to
deposition of P.W.18.
7. Considering the submission made by learned counsel for
the parties, more particularly, that the Appellant is in custody for
more than thirteen years and taking into account the evidence of
P.W.18 which also weighed with the Co-ordinate Bench of this
Court in releasing the co-accused SK Yakub vide order dated 16th
January, 2025 in I.A. No.139 of 2014 on bail and the conduct of
the Appellant that he did not misuse the trust reposed in him by
this Court while releasing him on interim bail and in view of the
observation of the Co-ordinate Bench that there is bleak chance of
early hearing, we are inclined to direct suspension of execution
of sentence of the Appellant.
Designation: JUNIOR STENOGRAPHER
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 17-Mar-2025 16:35:26
Accordingly, we direct that Appellant (Sk Noor) be
released on bail on such terms and conditions as deemed just
and proper by the Trial Court pending disposal of this appeal
with further condition that Appellant shall not leave the
jurisdiction of learned Trial Court and shall surrender as and
when so directed.
8. The IA is disposed of accordingly.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Judge
26. CRLA NO.599 of 2013
1. Office may take steps to list the Appeal before the assigned
Bench along with CRLA No.49 of 2014.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
Judge
(V. Narasingh)
Rojalin Judge
