Sudarshan @ Sukant vs State Of Odisha
2025 Latest Caselaw 96 Ori

Orissa High Court

Sudarshan @ Sukant vs State Of Odisha on 3 May, 2025

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

                               IN THE HIGH COURT OF ORISSA AT CUTTACK
                                             CRLA No.577 of 2014

                             Sudarshan @ Sukant            .....   Appellant/
                             Kumar Majhi                           Petitioner

                                                       Ms. Bini Mishra, Advocate on
                                                       behalf of Mr. Basanta Kumar Das,
                                                       Advocate
                                                        -versus-

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

                                                       Mr. P.S. Nayak,
                                                       Addl. Govt. Advocate

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

                                                       ORDER

03.05.2025

20. 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.

Heard the learned counsel for the appellant- petitioner and learned counsel for the State. Signature Not Verified Perused the impugned judgment. Digitally Signed Signed by: SIPUN BEHERA

The appellant-petitioner has been convicted for the Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 03-May-2025 18:59:51

offence punishable under section 302 of the I.P.C. and

sentenced to undergo imprisonment for life and to pay a fine of Rs.20,000/-(rupees twenty thousand), in default, to undergo R.I. for a further period of six months by the learned First Addl. Sessions Judge, Khurda vide judgment and order dated 28.01.2014 passed in S.T. Case No.158 of 2010.

Learned counsel for the petitioner submitted that the petitioner was granted interim bail for a period of three months vide order dated 15.05.2024 in I.A. No.882 of 2023 and after availing the same, he surrendered at the right time.

Learned counsel for the State has earlier produced the written instruction received from the Inspector in- charge of Banapur police station dated 24.09.2024, which has been reflected in the order dated 16.12.2024 that the petitioner has not misutilized his liberty while on interim bail and noting adverse was found against him.

Today, learned counsel for the State has produced the custody certificate of the petitioner issued from the Superintendent, Sub-Jail, Banapur dated 23.12.2024, which indicates that the petitioner is in judicial custody for more than fifteen years and seven months. The custody certificate is 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 the

fact that the petitioner has not misutilized the liberty during his interim bail period, we are inclined to release the petitioner on interim bail for a period of three months from the date of release. The petitioner shall immediately surrender before the learned Court below on expiry of the said three months period.

For the above period, let the petitioner be released on interim bail 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 over the matter 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 bail.

The I.A. is disposed of accordingly.

( S.K. Sahoo) Judge

(R.K. Pattanaik) Judge

21. List this matter in the week commencing from 11th August, 2025.

Learned counsel for appellant shall file the surrender certificate of appellant by the next date.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

(R.K. Pattanaik) Judge sipun