Karunakar Malik & vs State Of Odisha
2025 Latest Caselaw 416 Ori

Orissa High Court

Karunakar Malik & vs State Of Odisha on 9 May, 2025

Bench: S.K.Sahoo, R.K. Pattanaik

                               IN THE HIGH COURT OF ORISSA AT CUTTACK
                                            CRLA No.645 of 2014

                             Karunakar Malik &            .....   Appellants/
                             others                               Petitioners

                                                      Ms. Bini Mishra, Advocate on
                                                      behalf of Mr. Udit Ranjan Jena,
                                                      Advocate
                                                      -versus-

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

                                                      Mr. Sarat Kumar Pradhan,
                                                      Addl. Standing Counsel

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

                                                      ORDER

09.05.2025

12. 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 filed by appellant no.1 Karunakar Malik.

Heard the learned counsel for the appellant- Signature Not Verified Digitally Signed petitioner and learned counsel for the State. Signed by: SIPUN BEHERA Designation: Senior Stenographer

Perused the impugned judgment.

Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 09-May-2025 18:23:57

The appellant-petitioner along with others has been

convicted for the offences punishable under sections 498-A/304B/302/34 of the I.P.C. and section 4 of the D.P. Act and sentenced to undergo R.I. for a period of three years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo R.I. for another six months for the offence under section 498-A of the I.P.C., to undergo R.I. for a period of seven years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo R.I. for another six months for the offence under section 304B of the I.P.C., to undergo R.I. for life and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo R.I. for another six months for the offence under section 302 of the I.P.C. and to undergo R.I. for a period of two years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo R.I. for another six months for the offence under section 4 of the D.P. Act and all the sentences were directed to run concurrently by the learned Sessions Judge, Jajpur vide judgment and order dated 28.11.2014 passed in C.T. Case No.119 of 2012.

Learned counsel for the State has produced the custody certificate of the petitioner dated 06.05.2025 received from the Superintendent, Model Convict Prison, Athgarh, which shows that the petitioner has remained in custody for more than eleven years. The custody certificate is taken on record.

Learned counsel for the State has earlier obtained instruction from the Inspector in-charge of Binjharpur police station to the effect that no criminal activity was reported against the petitioner during the interim bail period.

Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody and since the petitioner has not misutilized his liberty in any manner during the interim bail period and absence of any chance of early hearing of the appeal in the near future, we are inclined to release him on interim bail for a period of three months from the date of his release. The petitioner shall immediately surrender before the learned Court below on expiry of the said three months period.

Let the appellant/petitioner no.1 Karunakar Malik be released on interim bail for a period of three months to the satisfaction of the learned trial Court in connection with 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 including the condition that he shall not indulge in any criminal activities while on interim bail.

Violation of any of the condition shall entail

cancellation of interim bail.

The I.A. is disposed of accordingly.

( S.K. Sahoo) Judge

(R.K. Pattanaik) Judge

13. List this matter in the week commencing from 18.08.2025.

Learned counsel for appellants shall file the surrender certificate of appellant no.1 Karunakar Malik by the next date.

( S.K. Sahoo) Judge

(R.K. Pattanaik) Judge Sipun