Orissa High Court
Pramod Sahoo vs State Of Odisha on 28 March, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.388 of 2019
1. Pramod Sahoo .... Appellants/
2. Babuli Sahoo Petitioners
Mr.Devashis Panda, Advocate
-versus-
State of Odisha .... Respondent/
Opp.Party
Ms.Subhalaxmi Devi
Addl. Standing Counsel
CORAM:
HON'BLE THE CHIEF JUISTICE
HON'BLE MR.JUSTICE S.K. SAHOO
Order No. ORDER
28.03.2025
I.A. No. 903 of 2025
25. This matter is taken up through Hybrid arrangement (video
conferencing/physical mode).
Heard Mr. Devashis Panda, learned counsel for the petitioners and
Ms.Subhalaxmi Devi, learned Addl. Standing Counsel for the State.
This is an application for interim bail filed by the appellant-
petitioner No.2 Babuli Sahoo on the ground of attending the obsequies
ceremony of his deceased widow sister, who expired on 22.03.2025. The
certificate issued by the Sarpanch, Karanda Gram Panchayat with regard
to death of the deceased sister of the petitioner no.2 has been annexed to
this application.
The appellants-petitioners have been convicted for the offences
punishable under section 302/34 of the Indian Penal Code and sentenced
to undergo imprisonment for life each and to pay a fine of Rs.6,000/-
(rupees six thousand) each, in default, to undergo R.I. for a further period
of three months by the learned Sessions Judge, Dhenkanal vide judgment
and order dated 19.02.2019 passed in C.T.(Ss) Case No.135 of 2017.
When the matter was taken up on 24.03.2025, learned counsel for
the State was asked to obtain instruction on the interim application.
Learned counsel for the State has furnished the report received
from the Inspector in-charge of Rasol police station which indicates that
the deceased widow sister of petitioner no.2, who was staying with the
family of the petitioner no.2 expired on 22.03.2025.
Mr. Panda, learned counsel appearing for petitioner no.2 submitted
that the petitioner no.2 was earlier granted interim bail for a period of four
weeks by this Court vide order dated 26.02.2020 passed in I.A. No.248 of
2020 and he was also released on parole for some period and in none of
the occasions, he has flouted the terms and conditions of the bail
order/parole and therefore, he may be granted interim bail for some
period.
Learned counsel for the State submitted that under the present
circumstances, the petitioner no.2 may be granted interim bail for some
period with some stringent terms and conditions.
Considering the submissions made by the learned counsel for the
respective parties, the grounds taken in the interim bail application, the
report furnished by the Inspector in-charge of Rasol police station and the
fact that no adverse report has been reported against the petitioner no.2
during the period of interim bail/parole, we are inclined to release the
petitioner no.2 on interim bail for a period of one week from the date of
release and the petitioner no.2 shall surrender before the learned trial
Court immediately on expiry of one week period.
For the above period, let the appellant-petitioner no.2 be released
on interim bail in the aforesaid case 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 on such terms and conditions as
the learned trial Court may deem just and proper including the conditions
that the petitioner no.2 shall not try to come in contact with the deceased
family members and shall not indulge in any criminal activities. The
Inspector in-charge of Rasol police station shall keep a close watch over
the activities of the petitioner no.2 during the interim bail period.
Violation of any of the conditions shall entail cancellation of
interim bail.
Learned counsel for the State shall produce the report from the
Inspector in-charge of Rasol police station regarding the conduct of the
petitioner no.2 while on interim bail.
The I.A. is disposed of accordingly.
Issue urgent certified copy as per Rules during course of the day.
A free copy of the order be handed over to the learned counsel for
the State.
(Harish Tandon)
(Chief Justice)
( S.K. Sahoo)
Judge
26. List this matter in the week commencing from 21st April 2025.
Learned counsel for the appellants shall file the surrender certificate
of the appellant no.2 by the next date.
(Harish Tandon)
(Chief Justice)
( S.K. Sahoo)
Judge
PKSahoo
Location: HIGH COURT OF ORISSA, CUTTACK
