Citation : 2025 Latest Caselaw 418 Ori
Judgement Date : 9 May, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1173 of 2023
Dilli Das & others ..... Appellants/
Petitioners
Ms. Binapani Tripathy,
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
09. 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.2 Rama Rath Das.
Heard the learned counsel for the appellants- petitioners and learned counsel for the State.
Signature Not Perused the impugned judgment.
Verified
The appellant-petitioner no.2 along with others has Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 09-May-2025 18:23:57
been convicted for the offences punishable under sections 449/302/34 of the I.P.C. and sentenced to
undergo R.I. for life and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo R.I. for a period of six months for the offence under section 302 of the I.P.C., to undergo R.I. for a period of seven years and to pay a fine of Rs.2,000/- (rupees two thousand), in default, to undergo R.I. for three months for the offence under section 449 of the I.P.C. and both the substantive sentences were directed to run concurrently by the learned Addl. Sessions Judge, Chatrapur, Ganjam (Circuit Court held at Hinjilicut) vide judgment and order dated 28.09.2023 passed in S.T. Case No.17 of 2018.
Learned counsel for the has produced the custody certificate of the petitioner dated 30.12.2024 received from the Senior Superintendent, Berhampur, which indicates that the petitioner has remained in custody for seven years and five months and he has also produced the written instruction received from the Inspector in- charge of Hinjili police station dated 07.05.2025 to the effect that during the interim bail period, the petitioner has not misutilized his liberty in any manner and nothing adverse came to the notice against him during his interim bail period. The custody certificate and written instruction are taken on record.
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 flouted any terms and conditions
of 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.2 Rama Rath Das be released on interim bail for a period of three months 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
10. List this matter in the week commencing from 18.08.2025.
Learned counsel for appellants shall file the surrender certificate of appellant no.2 Rama Rath Das by the next date.
( S.K. Sahoo) Judge
(R.K. Pattanaik) Judge Sipun
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