Citation : 2025 Latest Caselaw 9522 Ori
Judgement Date : 29 October, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No.35 of 2018
Parsuram Sabar ..... Appellant/Petitioner
Ms. Sonita Biswal,
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
29.10.2025 Order No. I.A. No.353 of 2025
03. This is an application for the grant of bail.
Heard.
Perused the impugned judgment.
The appellant-petitioner has been convicted for the offence punishable under sections 302/450/307 of the 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 the Indian Penal Code
and no separate sentence is awarded for the offence under sections 450/307 of the Indian Penal Code in view of conviction in major offence by the learned Sessions Judge, Kalahandi, Bhawanipatna vide judgment and order dated 17.01.2018 passed in C.T.No.38 of 2014 (Sessions).
Learned counsel for the petitioner submitted that the petitioner was taken into judicial custody in connection with this case on 15.01.2014 and as such he has remained in judicial custody for about eleven years. Learned counsel for the petitioner further submits that there is no criminal antecedent against the petitioner and the petitioner has good chances of success in the appeal and the balance of convenience is in his favour and since there is no chance of early hearing of the appeal in the near future, the bail application may be favourably considered.
Learned counsel for the State has produced the custody certificate of the petitioner which indicates that the petitioner has remained in judicial custody for more than eleven years and also produced the jail conduct certificate of the petitioner dated 28.10.2025 received from the Superintendent, District Jail, Bhawanipatna which indicates that the conduct of the petitioner is satisfactory. He has also produced written instruction
dated 29.10.2025 received from the Inspector in- charge of Narla police station from which it appears that there is no other criminal antecedent against the petitioner. The reports produced by the learned counsel for the State are taken on record. However, the learned counsel for the State submits that the eye witnesses P.Ws.1 to 5 have stated that the petitioner assaulted the deceased by means of an axe and the doctor (P.W.6) who conducted the post mortem examination has noticed corresponding injuries and opined that all the injuries are ante mortem in nature.
Considering the submissions made by the learned counsel for the respective parties and taking into account the period of detention of the petitioner in judicial custody for about eleven years 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 a bail bond of Rs.20,000/- (rupees twenty thousand) with two solvent sureties each 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.
Violation of any of the conditions shall entail cancellation of bail.
The I.A. is disposed of.
Let a copy of the order be communicated by the Registrar (Judicial) to the concerned Jail Superintendent and also to the learned Sessions Judge, Kalahandi, Bhawanipatna 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
Pravakar
Location: HIGH COURT OF ORISSA, CUTTACK
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