Damu Pujari vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 8532 Ori

Orissa High Court

Damu Pujari vs State Of Odisha .... Opposite Party on 20 September, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLREV No.422 of 2025
            Damu Pujari                                ....           Petitioner
                                                     Mr. A. Mohanty, Advocate
                                          -Versus-
            State of Odisha                            ....     Opposite Party
                                                            Ms. B. Dash, ASC


                        CORAM:
                        MR. JUSTICE R.K. PATTANAIK

                                         ORDER

20.09.2025 I.A. No. 584 of 2025 Order No.

06. 1. Heard learned counsel for the respective parties.

2. Instant I.A. is filed seeking release of the petitioner on bail in connection with C.T. No.18 of 2012.

3. The petitioner stands convicted for an offence under Section 307 IPC and has been directed to undergo a sentence of three years and to pay fine of Rs. 6,000/- with a default sentence of four months and set off in terms of Section 428 Cr.P.C.

4. In course of hearing, Mr. Mohanty, learned counsel submits that the petitioner has remained in custody for more than two years and hence, pending disposal of the revision, he should be allowed to go on bail with any conditions imposed.

5. Recorded the objection of Ms. Dash, learned ASC for the State.

6. This Court had directed the State to submit the custody certificate which has not been received as informed by Ms. Dash, learned ASC. From the impugned judgment as at Anenxure-1, it is made to reveal that the petitioner by then had remained in custody for nearly one year. It is claimed that the custody period has become more than two years by now. Though, in absence of the custody certificate but having regard to the fact that the petitioner's sentence has been reduced to three years from seven years as was awarded to him by the learned Chief Judicial Magistrate-cum-Assistant Sessions Judge, Nabarangpur, the Court is of the view that as he has suffered more than half of the sentence awarded, should be allowed to be released on bail with suitable conditions.

7. Hence, it is ordered.

8. Consequently, the petitioner is allowed to go on bail in C.T. Case No. 18 of 2012 subject to conditions imposed by the learned Chief Judicial Magistrate-cum-Assistant Sessions Judge, Nabarangpur only after verification regarding the claim of him having remained in judicial custody for more than two years.

9. A certified copy of this order be issued as per rules.

(R.K. Pattanaik) Judge

1. List on 27th October, 2025 for final hearing and orders since the LCR has already been received in the meantime. Ms. Dash, learned ASC for the State is requested to collect a soft copy of the LCR from the Registry in the meantime.

(R.K. Pattanaik) Judge

Kabita