Orissa High Court
Silu Baba @ Dhananjaya vs State Of Odisha on 23 September, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No.35 of 2015
Silu Baba @ Dhananjaya .... Appellant
Pradhan
Mr. S.N. Mishra-4, Advocate
-versus-
State of Odisha .... Respondent
Mr. Sarat Chandra Pradhan,
Addl. Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S.S. MISHRA
ORDER
Order No. 23.09.2025
I.A. No.236 of 2025
05. 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.
The appellant-petitioner has been convicted under
sections 302/201/379/34 of the Indian Penal Code and
sentenced to undergo imprisonment for life and to pay
a fine of Rs.10,000/- (rupees ten thousand), in default
of payment of fine, to undergo further R.I. for a period
of three months for the offence under section 302/34 of
the Indian Penal Code, R.I. for a period of two years for
the offence under section 379/34 of the Indian Penal
Code, R.I. for a period of three years and to pay a fine
of Rs.5,000/- (rupees five thousand), in default, to
undergo further R.I. for a period of two months for the
offence under section 201/34 of the Indian Penal Code
and all the sentences were directed to run concurrently
by the learned Additional Sessions Judge, Nayagarh in
S.T. Case No.41/30 of 2013/2011.
Perused the impugned judgment.
Learned counsel for the State has produced the
custody certificate of the petitioner received from the
Superintendent of District Jail, Nayagarh dated
14.09.2025, which shows that up to 26.11.2017, the
total custody period of the petitioner was seven years,
seven months and nineteen days. The report further
indicates that thereafter, he was transferred to Circle
Jail, Phulbani.
Though the petitioner has not been released on bail
by this Court, but the custody certificate from Circle Jail,
Phulbani has not been produced.
Learned counsel for the petitioner submitted that
the petitioner is now in Circle Jail, Phulbani and he has
sent the prisoner's petition in July, 2025 for his
engagement and therefore, if the detention period in
Circle Jail, Phulbani has taken into account, the total
custody period of the petitioner would be more than
fourteen years.
Learned counsel for the State has produced the
conduct certificate received from the Superintendent of
District Jail, Nayagarh, which shows that he was having
good conduct and character inside the jail custody.
Learned counsel for the State also produced the
report received from the Inspector in-charge of Fategarh
police station dated 22.09.2025, which shows that there
is no other criminal antecedent against the petitioner.
All the documents produced by the learned counsel
for the State are taken on record.
Learned counsel for the petitioner submitted that it
is a case based on circumstantial evidence and there is
no chance of early hearing of the appeal in the near
future and therefore, the bail application of the
petitioner may be favourably considered.
Learned counsel for the State opposed the prayer
for bail.
Considering the submissions made by the learned
counsel for the respective parties, the period of
detention of the petitioner in judicial custody for more
than fourteen 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 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.
Accordingly, 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
06. Heard.
There shall be stay of realization of fine amount
imposed by the learned trial Court on the appellant-
petitioner till 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
RKM
Signed by: RABINDRA KUMAR MISHRA
Designation: Personal Assistant
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 24-Sep-2025 17:15:48
