Supreme Court - Daily Orders
Susanta Kumar Dhalasamanta vs The State Of Odisha on 24 April, 2023
Bench: K.M. Joseph, B.V. Nagarathna
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1238 OF 2023
(ARISING OUT OF SLP (CRIMINAL) NO.1282 OF 2023)
SUSANTA KUMAR DHALASAMANTA & ANR. APPELLANT(S)
VERSUS
THE STATE OF ODISHA RESPONDENT(S)
O R D E R
Leave granted.
By the impugned order, the High court has rejected the bail application filed under Section 439 of the Code of Criminal Procedure, 1973. The offences involved are under Sections 386, 387 read with Section 34 of the Indian Penal Code, 1860.
The learned counsel for appellants would point out that the appellants have been in custody for nearly seven years. It is pointed out that the maximum sentence that can be awarded is seven years and the trial is not yet over.
In such circumstances, we see no reason why the petition Signature Not Verified should not be allowed. Accordingly, the appeal is allowed. The Digitally signed by Jagdish Kumar Date: 2023.04.25 16:34:39 IST Reason: impugned order is set aside. We direct that the the appellants shall be released on bail in terms of the condition(s) as may be 2 fixed by the Trial Court, unless their custody is required in connection with any other case.
Pending application(s), if any, stand disposed of.
……………………………………………..J. [K. M. JOSEPH] ……………………………………………..J. [B. V. NAGARATHNA] New Delhi Dated; 24th April, 2023.
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ITEM NO.2 COURT NO.3 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.) NO(S). 1282/2023
(Arising out of impugned final judgment and order dated 11-08-2022 in BLAPL No. 11412/2021 passed by the High Court of Orissa at Cuttack) SUSANTA KUMAR DHALASAMANTA & ANR. PETITIONER(S) VERSUS THE STATE OF ODISHA RESPONDENT(S) (IA No. 9285/2023 - EXEMPTION FROM FILING O.T.) WITH SLP(Crl) No. 1283/2023 (II-B) Date : 24-04-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MRS. JUSTICE B.V. NAGARATHNA For Petitioner(s) Ms. Madhusmita Bora, AOR Mr. Saroj Kumar Padhy, Adv.
Mr. Pawan Kishore Singh, Adv.
Mr. Dipankar Singh, Adv.
For Respondent(s) Ms. Anindita Pujari, AOR Mr. Abhineet Arvind, Adv.
Mr. Maitreya Saha, Adv.
Ms. Radhika Mohapatra, Adv.
UPON hearing the counsel the Court made the following O R D E R PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.) NO.1282/2023 Leave granted.
The appeal is allowed in terms of the signed order. The 4 impugned order is set aside. We direct that the the appellants shall be released on bail in terms of the condition(s) as may be fixed by the Trial Court, unless their custody is required in connection with any other case.
Pending application(s), if any, stand disposed of. SLP(Crl.) No. 1283/2023 List the matter on 08.05.2023.
(JAGDISH KUMAR) (POONAM VAID) COURT MASTER (SH) COURT MASTER (NSH)
(Original signed order in SLP (CRIMINAL) NO.1282 OF 2023 is placed on the file)