Basanta Mahananda And Others vs State Of Odisha

I. A. No.281 of 2021

The name of Mr. P. K. Mishra, Advocate be deleted from the brief as well as the cause list.

The Court has perused the report sent by the District & Sessions Judge, Sambalpur, which confirms that Kunu Suna, S/o.Jadumani Suna now availing Special Parole (Furlough) leave for a period of 150 days (between 18th May to 15th October, 2021) does not have any adverse report against him regarding his behaviour.

The present bail application is by the Appellant No.4 Tuna @ Kunu Suna, who has been in custody for more than 10 years. He has been convicted along with 3 others Appellants for the offence under Section 302/34 IPC by the judgment dated 10th February, 2015 of the Trial Court in S.T. Case No.215 of 2011 sentencing him to imprisonment for life with fine of Rs.35,000/- and in default of payment of fine to undergo RI for 2 years and for the offence under Section 447/34 IPC to undergo 3 months RI with the fine of Rs.500/- and in default to undergo RI for 15 days.

Having heard learned counsel for the Appellant as well as the learned Additional Government Advocate, the Court is of the view that with the Appellant Tuna @ Kunu Suna having already served over 10 years in prison and with there being no prospect of the present appeal being listed in the near future and in view of the judgment of the Supreme Court in Surinder Singh @ Shingara Singh v. State of Punjab, (2005) 32 OCR (SC) 430, the Appellant No.4/Applicant has made out a case for being enlarged on bail during the pendency of the appeal. Accordingly, the application is disposed of by directing that the Appellant No.4/Applicant Tuna @ Kunu Suna be released on bail subject to the satisfaction of the trial Court during the pendency of this appeal.

An urgent certified copy of this order be issued as per Rules.

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