Jayadev Suna vs State of Odisha

This matter is taken up by video conferencing mode.

In the present case, the Appellant was sent up for trial along with five others for the offence under Section 302 IPC and was alone convicted by the

judgment dated 27th January, 2017 of the learned Sessions Judge, Sonepur in Sessions Case Nos.11 of 2010 and 15 of 2010. The five others were

acquitted.

It is stated that in August, 2021 the Appellant will complete 12 years of custody which commenced on 26th August 2009.

Although the Appellant's bail application has earlier been rejected on 13th August, 2019, it is plain that there is no prospect of the present appeal

being heard at an early date.

It is seen that the Appellant, who is at present over 60 years of age, has no criminal antecedents. He is also stated to be suffering from a stone in

his gall bladder.

Keeping in view all of the above factors, and in light of the decision of the Supreme Court in Surinder Singh @ Shingara Singh v. State of Punjab,

(2005) 32 OCR (SC) 430 and of this Court in Leti @ Jayadeb Roy v. The State, 1990 SCC Online Ori 313, this Court is of the considered view that

the Appellant should be released on bail.

Accordingly, this Court directs that the Appellant (Jayadev Suna) be released on bail during pendency of the criminal appeal subject to the

satisfaction of the trial Court.

The I.A. is disposed of in the above terms.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th April, 2021.