Citation : 2025 Latest Caselaw 9347 Ori
Judgement Date : 24 October, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.419 of 2005
Pahali @ Prahallad
Nayak ..... Appellant/
Petitioner
Mr. Manas Chand,
Advocate
-versus-
State of Odisha ..... Respondent/
Opp. Party
Mr. Partha Sarathi Nayak,
Addl. Govt. Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 24.10.2025
09. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
This is an application for bail. Heard.
Signed by: RAJESH KUMAR BADHEI Perused the impugned judgment. Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 24-Oct-2025 18:37:27 The appellant-petitioner has been convicted for the offence punishable under section 302 of I.P.C. and sentenced him to undergo imprisonment for life by the learned Addl. Sessions Judge, Khurda vide judgment and order dated 06.09.2005 in S.T. case No.29/152 of 2000.
Learned counsel for the State has produced the written instruction received from the Inspector In-charge, Bolagarh police station dated 24.10.2025, which shows that the petitioner is now lodged in Bijupattanayak Muktasrama, Jamujhari, Khurda. The written instruction is taken on record.
It appears that the petitioner was taken into judicial custody on 03.05.2000 and directed to be released on bail as per the order of this Court in Criminal Misc. case no.1781 of 2002 dated 14.03.2002 on 27.03.2002 and thereafter he was taken into judicial custody on 07.06.2005 and then, the judgment was pronounced on 06.09.2005, after that, he was never released on bail.
Learned counsel for the petitioner submits that it is a case based on circumstantial evidence and the petitioner has remained in judicial custody for more than twenty years and since paper book has not yet been prepared, there is no chance of early hearing of the appeal in the near future and therefore, the bail application of the petitioner may be favourably considered.
Considering the submissions made by the learned counsel for the respective parties, since paper book has not yet been prepared and there is no chance of early hearing of the appeal in the near future and further taking into account
Signed by: RAJESH KUMAR BADHEI Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK we are inclined to release the petitioner on bail. Date: 24-Oct-2025 18:37:27
Let the appellant-petitioner be released on bail in 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 subject
to condition that he shall not indulge in any criminal activities in any manner.
Violation of any of the conditions shall entail cancellation of bail.
The Misc. Case is disposed of accordingly. Let a copy of the order be communicated by the Registrar (Judicial) to the Superintendent, Bijupattanayak Muktasrama, Jamujhari, Khurda and to the learned Addl. Sessions Judge, Khurda by e-mail for compliance.
A free copy of the order be handed over to the learned counsel for the State for compliance.
( S.K. Sahoo) Judge
(S.S. Mishra) Judge
10. Since, this criminal appeal is of the year 2005, Office is directed to prepare the paper book.
( S.K. Sahoo) Judge
Signed by: RAJESH KUMAR BADHEI Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 24-Oct-2025 18:37:27
(S.S. Mishra) Judge Rajesh
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