Orissa High Court

Bahada Murmu vs State Of Odisha on 13 May, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            JCRLA No.28 of 2015

              Bahada Murmu                  ....      Appellant(s)

                                      Mr. B.K. Ragada, Advocate

                                   -versus-

              State of Odisha               ....    Respondent(s)

                                              Mr. P.S. Nayak, AGA

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

                                   ORDER

Order No.                        13.05.2025
                                I.A. No.24 of 2025

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

This is an application for bail under Section 389 Cr.P.C.

Heard learned counsel for the appellant-petitioner and learned counsel for the State.

The appellant-petitioner has been convicted under Sections 302/307/506 (Part-II) of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs.20,000/- (rupees twenty thousand), in default, to undergo further R.I. for a period of two years for the offence under Section 302 of I.P.C., further sentenced to R.I. for ten years and to pay a fine of

Rs.20,000/- (rupees twenty thousand) for the offence under Section 307 of I.P.C. and further sentenced to R.I. for three years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default to undergo R.I. for six months for the offence under Section 506 of I.P.C. and all the sentences were directed to run concurrently by the learned Additional Sessions Judge, Jajpur in C.T. Case No.615 of 2013.

Perused the impugned judgment.

Learned counsel for the State has produced the written instruction received from the I.I.C., Kaliapani P.S. dated 28.04.2025 which indicates that the appellant- petitioner has not involved in any criminal activity during the interim bail period. The report is taken on record.

Considering the period of detention of the appellant- petitioner in judicial custody and since the appellant- petitioner has not misused the liberty while on interim bail and there is no chance of early hearing of the appeal in the near future and keeping in view the ratio laid down in the case of Leti @ Jayadeb Roy and another-Vrs.- The State reported in (1990) 3 Orissa Criminal Reports 427, we are inclined to release the appellant- petitioner on bail.

Let the appellant-petitioner be released on bail pending disposal of the appeal on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties for the like amount to the satisfaction of the learned trial Court and after verification of the address of

the petitioner by the learned Court below.

Accordingly, the I.A. is disposed of. Urgent certified copy of this order be granted as per rules.

( S.K. Sahoo) Judge

( S. S. Mishra) Judge Swarna/Ashok

Designation: Senior Stenographer

Location: High Court of Orissa Date: 14-May-2025 18:48:51