Citation : 2025 Latest Caselaw 5765 Ori
Judgement Date : 20 May, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
GCRLA No.05 of 2025
State of Odisha .... Appellant/
Petitioner
Mr. Partha Sarathi Nayak
Addl. Government Advocate
-versus-
S. Durjyodhan Reddy .... Respondent/
Opp.Party
Mr. Suraj Mohanty, Advocate
CORAM:
HON'BLE MR. JUSTICE S.K. SAHOO
HON'BLE MR. JUSTICE M.S. SAHOO
ORDER
Order No. 20.05.2025
I.A. No.3 of 2025
01. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This is an application for bail.
The respondent-Opp.Party S. Durjyodhan Reddy faced trial in the Court of learned Asst. Sessions Judge, Khallikote in S.T. No. 114 of 2009 for offence punishable under section 376 of the Indian Penal Code and vide judgment and order dated 28.11.2017, he has been acquitted of such charge.
It appears that leave has been granted in CRLLP No.39 of 2018 vide order dated 15.04.2025 and the GCRLA has been directed to be registered and accordingly, the same has been registered.
The case is of the year 2006 and it appears that the respondent-Opp.Party was on bail during trial. It is
stated by Mr. Suraj Mohanty, learned counsel for the respondent that pursuant to the aforesaid order dated 15.04.2025, the non-bailable warrant of arrest was issued against the respondent and he has been taken into judicial custody on 17.05.2025.
Considering the submissions made by the learned counsel for the respective parties, since it is a case of appeal against the order of acquittal, the respondent was on bail during trial and the respondent-Opp.Party is now in judicial custody and there is no likelihood of the Govt. appeal to be taken up for hearing in the near future, we are inclined to release him on bail.
Let the respondent-Opp.Party be released on bail pending disposal of the appeal 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.
I.A. stands disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo) Vacation Judge
Location: HIGH COURT OF ORISSA, CUTTACK (M. S. Sahoo) Date: 20-May-2025 17:16:57 Vacation Judge
PKSahoo
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