Citation : 2025 Latest Caselaw 9381 Ori
Judgement Date : 24 October, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.444 of 2015
Maheswar Singh @ Sing ..... Appellant/Petitioner
@ Pabana
Mr. R.N. Rout, Advocate
-versus-
State of Orissa ..... Respondent
Mr.Aurobinda Mohanty, ASC CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO THE HON'BLE MR. JUSTICE S.S. MISHRA Order No. ORDER 24.10.2025 I.A. No.3185 of 2024
15. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
This is an application for bail.
The petitioner Maheswar Singh @ Sing @ Pabana has been convicted for the offence under section 302 of Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay to pay a fine amount of Rs.5,000/-(five thousand), in default, to undergo R.I. for another two months by the learned 2nd Addl. Sessions Judge, Balasore vide judgment and order dated 19.08.2015 passed in Sessions Trial No.64 of 2015.
In pursuance of the order dated 22.10.2025, Mr. Gobardhan Nayak, the Inspector in-charge of Nilagiri police station appears in person and files an affidavit in Court today indicating the reasons for the non-compliance of the earlier orders of this Court. It is further stated that the said non- compliance was neither deliberate nor willful and he begged unconditional apology for the lapses and further stated that the same will not recur in future. The report regarding conduct of the petitioner while on interim bail has been annexed to the affidavit, which shows that during the interim bail period, he led a normal life and nothing adverse was reported against him. The affidavit along with the report is taken on record.
Mr. Pratyush Diwaker, the Superintendent of Police, Balasore is also present through virtual mode.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody for more than ten years, absence of any chance of early hearing of the appeal in the near future as paper book is yet to be prepared, the conduct of the petitioner while on interim bail and keeping in view the ratio laid down in the case of Leti @ Jayadeb Roy and another -Vrs.- The State reported in (1990) 3 Orissa Criminal Reports 427, we are inclined to release the petitioner on bail Let the petitioner be released on bail pending disposal of the appeal on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with one local surety for the like amount to the satisfaction of the learned trial Court with such terms and conditions as the learned trial Court may deem just and proper including the condition that he shall not indulge himself in any criminal activities. Violation of any of the conditions shall entail cancellation of bail.
The I.A. is disposed of.
The personal appearance of the Inspector in-charge of Nilagiri police station so also the Superintendent of Police, Balasore is dispensed with.
Issue urgent certified copy as per Rules.
( S.K. Sahoo) Judge
(S.S. Mishra ) Judge PKSahoo
Location: HIGH COURT OF ORISSA
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