PANCHU Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 31/8/2006 passed by the learned Additional Sessions Judge, Talcher in C.T. No.3 of 2003 convicting the Appellant for the offence punishable under Sec. 302 of the Indian Penal Code (IPC) and sentencing him to undergo imprisonment for life and to pay a fine of Rs.10,000.00 (Rupees Ten Thousand) and in default to undergo rigorous imprisonment for six months.

(2.) At the outset, learned counsel for the Appellant, who is a panel counsel of the High Court Legal Services Committee informs the Court that by order dtd. 5/10/2012 the Appellant was directed to be released on bail subject to the satisfaction of the trial Court. By this time, the Appellant who had been admitted to the Special Sub-Jail, Talcher on 2/7/2002 as an undertrial prisoner had continued in jail custody for more than ten years. At the hearing on 20/10/2020 this Court stayed the realization of the fine. Since it was not clear whether the Appellant had been released on bail, a report was called for from the Special Sub-Jail, Talcher. A report dtd. 12/11/2020 was received from the Superintendent, Special Sub-Jail, Talcher confirming that the Appellant had indeed been released on bail on 20/10/2012 and was residing in his village with his family. Pursuant to the order passed by this Court on 7/4/2022, the Appellant was present in Court on 28/6/2022.

(3.) This Court has heard the submissions of Ms. Manasi Das, learned counsel for the Appellant and Mr. J. Katikia, learned Additional Government Advocate for the Respondent-State.