Subash Bisoyi vs State Of Odisha
2025 Latest Caselaw 10655 Ori

Orissa High Court

Subash Bisoyi vs State Of Odisha on 29 November, 2025

Bench: S.K. Sahoo, Chittaranjan Dash

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 CRLA No. 319 of 2025
                 Subash Bisoyi                     ....         Appellant/
                                                              Petitioner
                                              Mr. K. P. Dash, Advocate
                                        -versus-
              State of Odisha                      ....        Respondent/
                                                              Opp. Party
                                                        Ms. S. Devi, ASC



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

                                        ORDER

Order No. 29.11.2025

06. I.A. No.724 of 2025

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

2. Heard learned counsel for the parties.

3. Learned counsel for the State, as per order dated 04.08.2025, has produced the written instruction received from the I.I.C., Tarasingi Police Station, to the effect that during the interim bail period granted by this Court vide order dated 24.04.2025, no allegation was reported against the Appellant-Petitioner. He has also produced the custody certificate as well as the jail conduct report, which are taken on record.

4. Learned counsel for the Appellant-Petitioner submits that the case is based on circumstantial evidence; however, there are no clinching circumstances on record to justify upholding the conviction. Since there is no likelihood of early hearing of the Appeal in the near future, it is submitted that the balance of convenience is in favour of the Appellant-Petitioner and, therefore, the bail application may be favourably considered.

5. Learned counsel for the State, on the other hand, submits that P.W.18 has stated about the motive on the part of the Appellant-Petitioner to commit the crime; P.W.2, a co-villager of the Appellant-Petitioner, has stated regarding the extra-judicial confession allegedly made by the Appellant-Petitioner admitting to have killed the deceased; and P.W.12 has stated to have seen the Appellant-Petitioner going with the weapon and returning thereafter. In view of such materials on record, it is submitted that bail should not be granted.

6. Considering the submissions of the learned counsel for the respective parties, the nature of evidence available on record, and particularly taking note that the Appellant- Petitioner has not misutilised the liberty while on interim bail granted vide order dated 24.04.2025, we are inclined

to release the Appellant-Petitioner on bail for a period of three months.

7. Let the Appellant-Petitioner be released on bail pending disposal of the Appeal in S.T. Case No.53 of 2022 on the file of the learned Additional Sessions Judge, Bhanjanagar, on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety for the like amount to the satisfaction of the learned trial Court, subject to such terms and conditions as the said Court may deem just and proper.

8. The I.A. is disposed of accordingly.

9. Urgent certified copy of this order be issued as per Rules.

(S.K. Sahoo) Judge

(Chittaranjan Dash) Judge

07. 1. This is an application for stay of realization of fine.

2. Heard.

3. There shall be stay of realization of fine amount imposed on the Aappellant-Petitioner by the learned Addl.

Addl. Sessions Judge, Bhanjanagar, vide judgment dated 06.12.2024 passed in S.T Case No.53 of 2022.

4. The I.A. is disposed of.

(S.K. Sahoo) Judge

(Chittaranjan Dash) Judge

08. 1. List this matter in the week commencing from 02.02.2026.

2. Learned counsel for the Appellant-Petitioner shall file the surrender certificate, and learned counsel for the State shall produce the conduct report of the Appellant- Petitioner for the said interim bail period on the next date.

(S.K. Sahoo) Judge

(Chittaranjan Dash) Judge

Signed by: ANANTA KUMAR PRADHAN

Location: HIGH COURT OF ORISSA AKPradhan Date: 29-Nov-2025 17:48:00