Orissa High Court
Surya Narayan Polei vs State Of Odisha on 3 July, 2024
Bench: D. Dash, V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 1066 of 2023
Surya Narayan Polei .... Appellant
Mr. R. Pattnaik, Advocate
-versus-
State of Odisha .... Respondent
Mr. P.K. Mohanty, ASC
CORAM:
Mr. JUSTICE D. DASH
Mr. JUSTICE V. NARASINGH
ORDER
03.07.2024 I.A. No. 1626 of 2024 Order No.
06. 1. This matter is taken up through hybrid arrangement (virtual/physical) mode.
2. The Appellant by filing this application has prayed for grant of bail pending disposal of the appeal which has been filed challenging the judgment of conviction and order of sentence passed by the learned Addl. Sessions Judge, Aska in S.T. Case No.01 of 2013.
3. Mr. R. Pattnaik, learned counsel for the Appellant filing the certified copy of the order sheet submits that this Appellant having been granted interim bail has in the meanwhile surrendered on the date fixed and taken into custody. He further submits that the Page 1 of 3 Appellant was on bail during the trial and after pronouncement of the judgment he has been undergoing the sentence.
4. It is stated that five persons having faced the trial, it is only this Appellant who has been convicted whereas other four have been acquitted.
According to him the case is based on circumstantial evidence and there remains very good grounds for the success of the Appellant in this appeal.
5. Learned counsel for the State submits that the Appellant is the principal accused and on the basis of the evidence on record, he has been rightly convicted when the acquittal of the co-accused persons cannot ennure to the benefit of this Appellant. He, however, does not dispute the position that the Appellant was on bail during the trial and having been released on interim bail has now been taken to custody.
6. Considering the submission made, while directing the learned counsel for the State to obtain instruction, as regards the conduct of the Appellant while on bail during the trial and also during the period when he remained on interim bail by the order of this Court, we direct that pending disposal of this I.A. the Appellant be released on interim bail for a period of four (4) weeks from the date of his actual release from custody on such terms and conditions as deemed just and proper by the learned Addl. Sessions Judge, Aska, District Ganjam in S.T. Case No.01 of 2013 with further conditions that Appellant shall not indulge himself in any criminal activity during the period of interim bail and shall positively Page 2 of 3 surrender before the learned Trial Court as would be so directed by the said Court on expiry of period of interim bail.
7. List this I.A. on 05.08.2024.
(D. Dash) Judge (V. Narasingh) Judge CRLA No. 1066 of 2023 Order No.
07. 1. List this matter on 13.08.2024.
Issue urgent certified copy of this order on proper application.
(D. Dash)
Judge
(V. Narasingh)
Santoshi/Ayesha Judge
Signature Not Verified
Digitally Signed
Signed by: AYESHA ROUT
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Page 3 of 3
Date: 04-Jul-2024 15:20:09