Orissa High Court
Sadan Singh Gagarai vs State Of Odisha on 27 October, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.104 of 2016
Sadan Singh Gagarai ..... Appellant/
Petitioner
Mr. L. Bhuyan,
Advocate
-versus-
State of Odisha ..... Respondent/
Opp. Party
Mr. Sarat Chandra Pradhan,
Addl. Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
ORDER
Order No.
27.10.2025
19. 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.
Perused the impugned judgment.
Heard.
Signature Not The petitioner has been convicted for the offence
Verified
Digitally Signed
Signed by: SIPUN BEHERA
Designation: Senior
Stenographer
Reason: Authentication
punishable under section 302 of I.P.C. and sentenced him
Location: HIGH COURT OF
ORISSA, CUTTACK
to undergo imprisonment for life and to pay a fine of
Date: 28-Oct-2025 11:40:05
Rs.10,000/- (Rupees ten thousand), in default, to
undergo R.I. for a further period of six months by the
learned Sessions Judge, Mayurbhanj, Baripada vide
judgment and order dated 06.11.2015 passed in S.T.
Case No.192 of 2011.
Learned counsel for the petitioner submits that the
petitioner was taken into judicial custody in connection
with this case on 30.04.2011 and his earlier bail
applications were rejected on 20.09.2019 and
04.12.2020. Learned counsel further submits that the
petitioner was granted interim bail for a period of 30
days vide order dated 03.03.2021 and after availing the
same, he surrendered at right time. Learned counsel
further submits that the petitioner is in judicial custody
for more than fourteen years and since there is no
chance of his absconding and he is a local man, the bail
application of the petitioner may be favourably
considered.
As per the order dated 17.09.2025 of this Court,
learned counsel for the State has produced the custody
certificate and the conduct certificate of the petitioner
dated 25.10.2025, received from the Superintendent,
Biju Patnaik Open Air Ashram, Jamujhari, which indicates
that the petitioner is in judicial custody for fourteen
years, four months and twenty six days and his conduct
during incarceration period in the Ashram, his attitude,
behavior and character are found satisfactory. The
custody and conduct certificates are taken on record.
Learned counsel has also obtained the written
instruction dated 26.10.2025 received from the Officer
in-charge of Thakurmunda police station to the effect
that there is nothing adverse against the petitioner. The
written instruction is also taken on record.
After hearing learned counsel for the respective
parties, the period of detention of the petitioner in
judicial custody, the conduct of the petitioner in
complying with the terms and conditions of the interim
bail order of this Court and absence of any chance of
early hearing of the appeal in the near future, we are
inclined to release the petitioner on bail.
Let the appellant-petitioner be released on bail
pending disposal of the appeal on furnishing bail bond of
Rs.20,000/-(rupees twenty thousand) with one solvent
surety for the like amount to the satisfaction of the
learned trial Court with such terms and conditions as the
learned Court may deem just and proper including the
condition that the petitioner shall not indulge in any
criminal activities.
Accordingly, the I.A. stands disposed of.
Issue urgent certified copy as per Rules.
Let a copy of the order be communicated by the
Registrar (Judicial) to the Superintendent, Biju Patnaik
Open Air Ashram, Jamujhari, Khurda and also to the
learned Sessions Judge, Mayurbhanj, Baripada by e-mail
forthwith 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
27th October 2025
Sipun
