Suka Mahalik vs State Of Odisha
2025 Latest Caselaw 8375 Ori

Orissa High Court

Suka Mahalik vs State Of Odisha on 17 September, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

                                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                     JCRLA No.55 of 2010

                                   Suka Mahalik                          .....        Appellant/
                                                                                    Petitioner

                                                                 Mr. Rajesh Tripathy,
                                                                 Advocate

                                                                       -versus-
                                   State of Odisha                       .....      Respondent/
                                                                                    Opp. Party

                                                                  Mr. Jateswar Nayak,
                                                                  Addl. Govt. Advocate

                                                              CORAM:
                                        THE HON'BLE MR. JUSTICE S.K. SAHOO
                                   THE HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
                                                             ORDER

Order No. 17.09.2025

07. 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.

Heard.

Perused the impugned judgment.

Signed by: RAJESH KUMAR BADHEI Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, offences punishable under sections 302/309 of I.P.C. and CUTTACK Date: 18-Sep-2025 18:08:58 sentenced her to undergo imprisonment for life and to pay a fine of Rs.1,000/- (rupees one thousand), in default, to undergo R.I. for a further period of one month for the offence under

section 302 of the I.P.C. and no separate sentence is imposed on the appellant-petitioner for the offence under section 309 of the I.P.C. by the learned Addl. Sessions Judge, Fast Track Court-I, Bhadrak vide judgment and order dated 29.07.2008 in S.T. Case No.25/30 of 2008.

Considering the submissions made by the learned counsel for the petitioner that the petitioner is a lady and she is in judicial custody since 18.10.2007 and even though paper book has been prepared, there is no chance of early hearing of the appeal in the near future and on hearing the learned counsel for the State, we are inclined to release the petitioner on bail.

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 she shall not indulge in any criminal activities in any manner.

Violation of any of the conditions shall entail cancellation of bail.

The I.A. is disposed of accordingly. Let a copy of the order be communicated by the Registrar (Judicial) to the concerned Jail Superintendent and also to the learned Sessions Judge, Bhadrak by e-mail for compliance.

( S.K. Sahoo) Judge

(S.S. Mishra) Judge

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

Heard.

Considering the submissions made by the learned counsel for the parties, let there be stay of realization of fine amount imposed on the appellant-petitioner pursuant to the judgment and order dated 29.07.2008 passed by the learned Addl. Sessions Judge, Fast Track Court-I, Bhadrak in S.T. Case No.25/30 of 2008 pending disposal of the criminal appeal.

The I.A. is disposed of.

Urgent certified copy of this order be granted as per rules.

( S.K. Sahoo) Judge

(S.S. Mishra) Judge Rajesh