SWADESH RANJAN SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) In these applications, prayer has been made by the appellant to release him on bail.

(2.) Heard Mr. Panigrahi, learned counsel for the appellant-petitioner and Mr. B. Pradhan, learned Addl. Government Advocate for the State.

(3.) Learned counsel for appellant submits that there is no material against the present appellant and the other co-accused person has been acquitted of the charge, but the present appellant is languishing in custody since 22.5.2004 and as such, has undergone imprisonment for more than nine years. He further submits that since the criminal appeal is not likely to reach for hearing within ten years, applying the ratio decided by the apex Court in the case of Akhtari Bi V. State of M.P., 2001 4 SCC 355, the appellant-petitioner be released on bail.