Citation : 2025 Latest Caselaw 10046 Ori
Judgement Date : 17 November, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No.116 of 2023
Basu Induar ..... Appellant/
Petitioner
Mr. Biswajit Nayak,
Advocate
-versus-
State of Odisha ..... Respondent/
Opp. Party
Ms. Suvalaxmi Devi,
Addl. Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
ORDER
17.11.2025
14. 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.
Perused the impugned judgment.
Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF The appellant-petitioner has been convicted for the ORISSA, CUTTACK Date: 18-Nov-2025 14:06:42
offences punishable under sections 341/393/302 of I.P.C. and sentenced to undergo imprisonment 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 I.P.C. and no separate sentence has been awarded for the offences under section 341/393 of I.P.C. by the learned Sessions Judge, Sundargarh vide judgment and order dated 18.07.2023 passed in Sessions Trial No.37 of 2017.
Today, learned counsel for the State has produced the written instruction dated 17.11.2025 received from the Superintendent, District Jail, Sundargarh, which shows that the petitioner is in judicial custody since 22.12.2016 and during confinement, his conduct and behavior towards jail inmates, jail staff and in general is satisfactory and he had not committed any jail offence and a rule abiding inmate. He is working as a barber
-cum- night watchman inside the jail and he has good relation with his family members including his wife, children and sister, who are coming in regular interval to meet him in District Jail, Sundargarh. It is further stated in the written instruction that as per the advice of the Jail Medical Officer, the health condition of the petitioner is good. The written instruction is taken on record.
Learned counsel for the State has submitted that the petitioner is in judicial custody for more than eight years and there is no criminal antecedent against the petitioner as has been reported by the Inspector in- charge of Rajgangpur police station.
After hearing learned counsel for the respective parties, the period of detention of the petitioner in judicial custody, absence of any criminal antecedent and since there is no chance of early hearing of the appeal in the near future, 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) each with two local solvent sureties, namely, (1) Sibodas Sansia, S/o- Mohandas Sansia, At- Kumarkela, PS- Rajgangpur, District- Sundargarh and (2) Dolagobinda Bhaisa, S/o- Nakula Bhaisa, At- Deuli, Pandermal, PS- Bhasma, District- Sundargrh 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.
The documents of the two abovementioned sureties were produced by the learned counsel for the petitioner and those were verified by the learned counsel for the State through the DSP, I/c., Rajgangpur police station vide letter dated 12.05.2025 and found to be genuine and authentic and they expressed their willingness to stand as sureties for the petitioner.
Violation of any of the condition shall entail cancellation of bail.
The I.A. is disposed of accordingly.
( S.K. Sahoo) Judge
(S. S. Mishra) Judge
15. List this matter in the week commencing from 23.02.2026.
Learned counsel for appellant shall file the surrender certificate of appellant by the next date.
Learned counsel for the State shall obtain the written instruction from the concerned Inspector in- charge regarding conduct of the appellant while he was on interim bail.
Issue urgent certified copy as per Rules.
( S.K. Sahoo) Judge
(S. S. Mishra) Judge 17th November 2025 Sipun
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