Supreme CourtDivision Bench

Sandeep @ Raja Acharya vs State of Orissa

Supreme Court Of India · Decided on 10 March 2017 · Citation: 2017 AIR(SCW) 1568 : AIR 2017 SC 1568 : (2018) 11 SCC 715

HON’BLE JUDGES
Ranjan Gogoi, J · Navin Sinha, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 389 · Penal Code, 1860 (IPC) — Section 302, Section 34
RESULT
Disposed Of
CASE NUMBER
Criminal Appeal No.524 of 2017 [Arising out of Special Leave Petition (Criminal) No.7906/2016]
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Judgment

5 paragraphs · 205 words
1.

Leave granted.

2.

We have heard the learned counsels for the parties.

3.

The accused appellant is in custody for nearly nine years. The appeal filed by the accused appellant before the High Court against his conviction under Section 302/34 IPC is of the year 2011. As far as back on 2nd September, 2011 while rejecting the prayer for bail this Court in Special Leave Petition (Criminal) No.6207 of 2011 had directed expeditious hearing of the appeal. The appeal before the High Court continues to remain pending as on date and in the normal course, the same is likely to take some further time for disposal. Having regard to the period of custody suffered and the possible time by which the appeal before the High Court can be disposed of, we are inclined to release the appellant on bail. Accordingly, the appellant is ordered to be released on bail to the satisfaction of the learned trial Court in connection with Criminal Trial (Sessions) No. 12/5 of 2009.

4.

The learned trial Court is free to impose appropriate condition(s) as it deems fit.

5.

Consequently, the order of the High Court is set aside and the present appeal is disposed of in the above terms.