Buduli @ Hema Khadia vs State Of Orissa
2025 Latest Caselaw 8261 Ori

Orissa High Court

Buduli @ Hema Khadia vs State Of Orissa on 15 September, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  JCRLA No.82 of 2010

            Buduli @ Hema Khadia                .....      Appellant/Petitioner
                                                         Ms. Sasmita Nanda,
                                                         Advocate
                                             -versus-
            State of Orissa                     .....    Respondent/Opp.Party

Mr.Aurobinda Mohanty, ASC CORAM:

THE HON'BLE MR. JUSTICE S.K. SAHOO THE HON'BLE MR. JUSTICE S.S. MISHRA Order No. ORDER 15.09.2025

I.A. No. 232 of 2025

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

This is an application for bail.

The petitioner Buduli @ Hema Khadia has been convicted under sections 302/201 of Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine amount of Rs.10,000/-(ten thousand), in default, to further undergo R.I. for six months for the offence under section 302 of the I.P.C. and to undergo R.I. for three years and to pay a fine of Rs.10,000/- (ten thousand), in default, to undergo R.I. for six months and both the sentences were directed to run concurrently by the learned Addl. Sessions Judge, Sonepur vide judgment and order dated 08.09.2010 passed in Sessions Case No. 38 of 2009.

As per the records, the petitioner is in judicial custody since 19.02.2009 and he was never released on bail during trial as it appears from the trial Court record.

Considering the fact that the petitioner is in judicial custody for more than sixteen years and six months 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 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 in any criminal activities. Violation of any of the conditions shall entail cancellation of bail.

The I.A. is disposed of.

The order be communicated to the concerned Jail Superintendent by the Registrar (Judicial) immediately so also to the learned trial Court.

A free copy of the order be handed over to the learned counsel for the appellant.

( S.K. Sahoo) Judge

(S.S. Mishra ) Judge

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

Heard the learned counsel for both the parties. There shall be stay of realization of fine amount imposed on the petitioner by the learned Addl. Sessions Judge, Sonepur vide judgment and order dated 08.09.2010 passed in Sessions Case No. 38 of 2009 pending disposal of the appeal.

The I.A. stands disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

(S.S. Mishra ) Judge Signature PKSahoo Not Verified Digitally Signed Signed by: PRAMOD KUMAR SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 16-Sep-2025 16:17:32