Orissa High Court
Panu Behera vs State Of Orissa on 25 September, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No. 34 of 2014
1. Panu Behera ..... Appellants/Petitioners
2. Bimba Behera
None
-versus-
State of Orissa ..... Respondent/Opp.Party
Mr. Jateswar Nayak,
Addl. Govt. Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S.S. MISHRA
Order No. ORDER
25.09.2025
I.A. No. 275 of 2025
06. This matter is taken up through Hybrid arrangement (video
conferencing/physical mode).
This is an application for bail filed on behalf of appellant-
petitioner no.2 Bimba Behera.
The appellant-petitioner no.2 Bimba Behera has been
convicted under sections 302/307/34 of the Indian Penal Code
and sentenced to undergo rigorous imprisonment for life and to
pay a fine of Rs.10,000/- (rupees ten thousand), in default, to
undergo rigorous imprisonment for a further period of one year
for the offence under section 302/34 of I.P.C. and to undergo
rigorous imprisonment for a period of seven years and to pay a
fine of Rs.5,000/- (rupees five thousand), in default, to undergo
rigorous imprisonment for a further period of six months for the
offence under section 307 of I.P.C. and both the sentences were
directed to run concurrently by the learned Sessions Judge,
Kendrapara vide judgment and order dated 31.03.2014 passed in
S.T. Case No. 43 of 2013.
It appears from the custody certificate dated 17.09.2025
that the petitioner has remained in custody for fourteen years and
six months including the period of earned remission.
Learned counsel for the petitioner submits that since in
spite of preparation of paper book, 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 opposed the prayer for bail.
Considering the submission 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 no.2 on bail.
Let the appellant-petitioner no.2 be released on bail
pending disposal of the appeal on furnishing bail bond of
Rs.20,000/- (rupees twenty thousand) with one solvent surety for
the like amount to the satisfaction of the learned trial Court with
such terms and conditions as the learned Court may deem just
and proper. Violation of any of the conditions shall entail
cancellation of bail.
The I.A. is disposed of.
The order be communicated to the concerned Jail
Superintendent by the Registrar (Judicial) immediately so also to
the learned trial Court forthwith.
A free copy of the order be handed over to the learned
counsel for the State.
( S.K. Sahoo)
Judge
(S.S. Mishra )
Judge
07. This is an application for stay of realization of fine.
Heard.
There shall be stay of realization of fine amount imposed on
the appellant-petitioner by the learned Sessions Judge, Kendrapara
vide judgment and order dated 31.03.2014 passed in S.T. Case No.
43 of 2013 pending disposal of the criminal appeal.
The I.A. is disposed of.
Issue certified copy as per rules.
( S.K. Sahoo)
Judge
(S.S. Mishra )
Judge
08.
Since the appellant no.1 Panu Behera is dead as per the death
certificate produced by the learned counsel for the State, this JCRLA
stands abated so far as appellant no.1 is concerned.
As no legal heir of the appellant no.1 has filed any application
seeking leave to continue the appeal within the prescribed period
and as per the proviso mentioned under sub-rule (2) of section 394
of Cr.P.C. corresponding to section 435 of B.N.S.S., the JCRLA
stands abated and accordingly disposed of.
( S.K. Sahoo)
Judge
(S.S. Mishra )
Signed by: PRAMOD KUMAR SAHOO Judge
Reason: Authentication
PKSahoo
Location: HIGH COURT OF ORISSA
Date: 26-Sep-2025 11:28:50
