Orissa High Court
Tapan Pradhan And Another vs State Of Odisha on 23 September, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 1413 of 2023
Tapan Pradhan and another ..... Appellants/Petitioners
Ms. A. Ray, Advocate
-versus-
State of Odisha ..... Respondent/Opp. Party
Mr. P.S. Nayak, AGA
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. 3176 of 2024
10. This is an application for bail filed by appellant
no.1.
Heard learned counsel for the appellant and the
learned counsel for the State.
The appellant-petitioner no.1 has been convicted
under sections 302/304-B/498A/201/34 of the Indian
Penal Code read with Section 4 of the D.P. Act, and was
sentenced to undergo imprisonment for life and to pay a
fine of Rs.5,000/- (rupees five thousand) in default, to
undergo R.I. for one year for the offence under sections
302/34 of the Indian Penal Code, to undergo R.I. for ten
years for the offence under sections 304-B/34 of IPC, to
undergo R.I. for two years and to pay a fine of
Rs.2000/- (rupees two thousand) in default to undergo
R.I. for six months for the offence under Section
498(A)/34 the Indian Penal Code, to undergo R.I. for
five years and to pay a fine of Rs.5000/- (rupees five
thousand), in default to undergo R.I. for one year for
the offence under Section 201/34 of the Indian Penal
Code and to undergo R.I. for one year and to pay a fine
of Rs.1,000/- (rupees one thousand), in default, to
undergo R.I. for one month for the offence under
Section 4 of the D.P. Act; and all the sentences were
directed to run concurrently, as directed by the learned
1st Additional Sessions Judge, Khordha in S.T. Case No.
33 of 2016 arising out G.R. Case No. 250 of 2015
corresponding to Nirakarpur P.S. Case No. 87 of 2015.
Perused the impugned judgment.
Learned counsel for the State has produced the
custody certificate of the appellant no.1, which shows
that he is in judicial custody for more than ten years
and is having one criminal antecedent. The reports are
taken on record.
Learned counsel for the State submits that earlier
the bail application of the appellant no.1 was rejected,
as per order dated 02.04.2024 and though it is a case
based on circumstantial evidence, but the allegation
against the appellant no.1 is that he has killed his wife
and the minor son aged about three years and the post
mortem report indicates that the cause of death of both
the deceased is on account of strangulation.
Learned counsel for the appellant no.1 on the other
hand submitted that the appellant no.1 is remained in
judicial custody for more than ten years and there is no
chance of early hearing of the appeal in the near future.
Therefore, the bail application of the appellant no.1 may
be favourably considered.
Considering the submissions made by learned
counsels for the respective parties, in view of the
available materials on record, while not inclining to
release the appellant no.1 on bail on merit, but taking in
to account the period of detention of the appellant no.1
in judicial custody for more than ten years and absence
of any chance of early hearing of the appeal, we are
inclined to release the appellant-petitioner no.1 on
interim bail for a period of three months from the date
of his release. The appellant-petitioner no.1 shall
surrender before the learned trial Court on expiry of
three months period.
For the above period, let the appellant-petitioner
no.1- Tapan Pradhan be released on interim 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 while on interim
bail the appellant-petitioner no.1 shall not indulge in
any criminal activities in any manner.
Violation of any of the conditions shall entail
cancellation of interim bail.
The Misc. Case is disposed of accordingly.
Issue urgent certified copy of this order as per
rules.
(S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
11. Put up this matter in the week commencing from
5th January, 2026.
Learned counsel for appellant-petitioner shall file
the surrender certificate of appellant on the next date.
(S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
12. This is an application for interim bail of appellant
no.1.
Learned counsel for the appellant does not want to
press this application.
Accordingly, the I.A. stands dismissed as not
pressed.
(S.K. Sahoo)
Judge
(S.S. Mishra)
Ashok/Swarna
Judge
Designation: Senior Stenographer
Location: High Court of Orissa
Date: 25-Sep-2025 11:58:37
