Japani @ Jibanjaya Das vs State Of Odisha
2025 Latest Caselaw 8379 Ori

Orissa High Court

Japani @ Jibanjaya Das 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.63 of 2015

                                   Japani @ Jibanjaya Das          .....      Appellant/
                                                                            Petitioner

                                                               Mr. Siva Sankar Chaini,
                                                               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.

The appellant-petitioner has been convicted for the Signed by: RAJESH KUMAR BADHEI Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK offence punishable under section 302 of I.P.C. and sentenced Date: 18-Sep-2025 18:08:58

him to undergo imprisonment for life and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo R.I. for a further period of one year for the offence under

section 302 of the I.P.C. by the learned Sessions Judge, Kendrapara vide judgment and order dated 30.04.2014 in S.T. Case No.228 of 2012.

Learned counsel for the petitioner submits that the petitioner is in judicial custody since 14.03.2012 and he was not released on bail during trial and as such he has remained in judicial custody for more than thirteen years. He further submits that even though paper book has been prepared, there is no chance of early hearing of the appeal in the near future, the bail application of the petitioner may be favourably considered.

Learned counsel for the State, on the other hand, opposed the prayer for bail and submits that the charge against the petitioner is that he committed the murder of his wife and the case is based on circumstantial evidence and the statement recorded under section 313 of the petitioner indicates that the petitioner admitted his guilt.

Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody 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 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 he 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. Urgent certified copy of this order be granted as per rules.

Let a copy of the order be communicated by the Registrar (Judicial) to the concerned Jail Superintendent and also to the learned Sessions Judge, Kendrapara by e-mail for compliance.

( S.K. Sahoo) Judge

(S.S. Mishra) Judge Rajesh