Orissa High Court

Bishnu Charan Swain vs State Of Odisha on 5 May, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No. 132 of 2025

        Bishnu Charan Swain            .....      Appellant/Petitioner

                                                Mr. S.R. Rout, Advocate

                                     -versus-

        State of Odisha                .....    Respondent/Opp. Party

                                                Mr. S.K. Pradhan, ASC


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

Order No. 05.05.2025 I.A. No.1127 of 2025

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

This is an application for interim bail. Mr. S.R. Rout, learned counsel for the appellant- petitioner submits that he does not want to press this interim application.

Accordingly, the I.A. stands disposed of as not pressed.

(S.K. Sahoo) Judge

(S.S. Mishra) Judge

03. This is an application for interim bail.

Heard.

The appellant-petitioner has been convicted under section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/- (rupees five thousand), in default of payment of fine, to undergo further R.I. for a period of three months by the learned Sessions Judge, Cuttack in S.T. Case No.218 of 2021.

Perused the impugned judgment. This is an application for interim bail on the ground that the mother of the petitioner has expired on 03.05.2025 and in order to perform the obsequies ceremony, the presence of the petitioner is very much necessary.

Learned counsel for the State has produced the report received from the Inspector-in-Charge, Tangi Police Station, Cuttack dated 04.05.2025, which also shows that the mother of the petitioner has died on 03.05.2025. The written instruction is taken on record.

Considering the submissions made by the learned counsel for the respective parties, the averments made in the interim application and the written instruction received by the learned counsel for the State, we are

inclined to release the petitioner on interim bail for a period of four weeks from the date of his release and the petitioner shall surrender before the learned trial Court immediately on expiry of the four weeks period.

For the above period, let the appellant-petitioner 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 subject to condition that he shall not indulge in any criminal activities in any manner.

Violation of any of the conditions shall entail cancellation of interim bail.

The I.A. is disposed of accordingly.

(S.K. Sahoo) Judge

(S.S. Mishra) Judge

04. List this matter in the week commencing from 30.06.2025. Learned counsel for the appellant shall produce the surrender certificate of the appellant on the next date.

Urgent certified copy of this order be granted as per rules.

(S.K. Sahoo) Judge

(S.S. Mishra) Judge Ashok/Swarna

Signed by: ASHOK KUMAR JAGADEB MOHAPATRA

Location: High Court of Orissa Date: 05-May-2025 20:08:02