Citation : 2026 Latest Caselaw 2907 Ori
Judgement Date : 25 March, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.660 of 2012
Turam Munda .... Appellant/
Petitioner
Represented by Adv.-
Mr. Chittaranjan Sahu, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Represented by Adv.-
Mr. Partha Sarathi Nayak,
Addl. Government Advocate
CORAM:
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
AND
HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 25.03.2026
(Hybrid mode)
13. 1. This is an application for bail.
2. Heard Mr. Chittaranjan Sahu, learned counsel appearing for the appellant and Mr. Partha Sarathi Nayak, learned Additional Government Advocate appearing for the State-Respondent.
3. The present appeal filed by the appellant is pending since 2012 assailing the judgment of
conviction and order of sentence dated 17.11.2012 passed by the learned Adhoc Additional Sessions Judge, Fast Track Court, Keonjhar in S.T. Case No.6/259 of 2012-11, whereby the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life till death and to pay a fine of Rs.20,000/- (Rupees twenty thousand), in default, to undergo R.I. for one year.
4. Through this application, the appellant is seeking suspension of the sentence and grant of bail during pending appeal.
5. On 12.11.2024, the application was heard at length and this Court by relying upon the judgment in the case of Leti @ Jayadeb Roy and another vs. The State reported in (1990) 3 Orissa Criminal Reports 427, enlarged the appellant on interim bail for the period of three months. After availing the concession of the interim bail, the appellant has surrendered.
6. On the last date of hearing, we had asked Mr. Partha Sarathi Nayak, learned State counsel to obtain instruction from the local police regarding the conduct of the appellant while he was on interim bail. Pursuant to our said direction, he has filed report dated 26.10.2025 issued by the IIC, Ghatagaon Police
Station, inter alia, stating that during the interim bail period of three months, the appellant is not involved in any other adversarial case. His conduct has been satisfactory. Learned State counsel has also filed the Custody Certificate dated 17.02.2026 issued by the Superintendent, District Jail, Keonjhar. From the said Custody Certificate, it reveals that the convict- appellant has already undergone custody for a period of 14 years and 3 months as on 17.02.2026. The said reports are taken on record.
7. Learned counsel appearing for the appellant as well as the State have extensively argued their specific case by taking us to the evidence on record particularly the testimonies of P.Ws.1, 11 and 16. We have taken into consideration the submissions of learned counsels appearing for both the parties and perused the materials on record.
8. Regard being had to the nature of the evidence and the period of custody of the convict-appellant for 14 years & 3 months and the appeal is pending since 2012 and there is no likelihood of the appeal being heard in the near future, we are inclined to release the petitioner on bail.
Let the appellant be released on bail pending disposal of the appeal on furnishing bail bond of Rs.50,000/- (Rupees fifty thousand) with two local
solvent sureties for the like amount to the satisfaction of the learned trial Court. The learned trial Court shall also impose the additional conditions as deem fit and proper in the facts and circumstances of the case.
9. Violation of any of the terms and conditions shall entail cancellation of the bail.
10. Accordingly, the I.A. is disposed of.
11. Urgent certified copy of this order be granted as per rules.
(Manash Ranjan Pathak) Judge
(Sibo Sankar Mishra) Judge Subhasis
Designation: Personal Assistant
Location: High Court of Orissa, Cuttack. Date: 25-Mar-2026 20:11:24
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