Citation : 2026 Latest Caselaw 4058 Ori
Judgement Date : 30 April, 2026
Signature Not Verified
Digitally Signed
Signed by: MANAS KUMAR PANDA
Reason: Authentication
Location: OHC, Cuttack
Date: 30-Apr-2026 17:19:22
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.262 of 2026
Mahadevlal Goduka and Another .... Appellants
Mr. Devashis Panda, Advocate
-versus-
State of Odisha .... Respondent
Mr. T.K. Dash, Additional Government Advocate
CORAM:
JUSTICE B. P. ROUTRAY
JUSTICE SASHIKANTA MISHRA
ORDER
30.4.2026 Order No.
I.A. No.710 of 2026
04. 1. Heard Mr. D. Panda, learned counsel for Appellants and Mr. T.K. Dash, learned AGA for State.
2. Appellant No.2, namely Debakibai Goduka has prayed for her release on bail.
3. She has been convicted along with another by the learned Additional Sessions Judge, Athmallik in C.T.(S) No.23 of 2018 / S.T. No.51(A) of 1996 for commission of offences under Section 498(A)/302/304(B)/201/34 of the I.P.C. read with Section 4 of the Dowry Prohibition Act and sentenced to undergo R.I. for life along with fine.
4. It is submitted that Appellant No.2 is aged more than 80 years and she is inside custody from the date of her conviction, i.e. on 18th February 2026, though she was on bail in course of trial. A
prisoner's petition has been submitted on behalf of Appellant No.2 stating therein that she is facing much difficulty in performing her daily work due to her old age.
5. Upon hearing both parties and considering the age of Appellant No.2 and taking note of the provisions contained in Section 437(1) of the Cr.P.C. (corresponding to Section 480 of the BNSS), we are inclined to release Appellant No.2, namely Debakibai Goduka on bail and accordingly direct to release her on bail pending appeal in the aforesaid case on such terms and conditions as may be deemed just and proper by learned Additional Sessions Judge, Athmallik.
6. The I.A. is disposed of.
7. An urgent certified copy of this order be issued on proper application.
05. 8. List the appeal before Regular Bench.
(B.P. Routray) Judge
(Sashikanta Mishra) Judge M.K.Panda
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