Orissa High Court
Md. Mustak vs State Of Odisha on 23 July, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.183 of 2019
Md. Mustak .... Appellant/
Petitioner
Mr. H.M. Dhal, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Jateswar Nayak,
Addl. Government Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S.S. MISHRA
ORDER
Order No. 23.07.2025
I.A. No.69 of 2025
14. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This is an application for bail.
Heard learned counsel for the appellant-
petitioner, learned counsel for the State.
The appellant-petitioner Md. Mustak has been
convicted under sections 498-A/304-B/201/34 of the
Indian Penal Code and section 4 of the Dowry
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Prohibition Act sentenced him to undergo
imprisonment for life for the offence under section
304-B of the Indian Penal Code and he was sentenced
to undergo R.I. for a period of three years and to pay
fine of Rs.5,000/- (Rupees five thousand), in default,
to undergo further R.I. for six months for the offence
under section 498-A of the Indian Penal Code and to
undergo R.I. for two years and to pay fine of
Rs.1,000/- (Rupees one thousand), in default, to
undergo R.I. for three months more for the offence
under section 201 of the Indian Penal Code. Further
he was sentenced to undergo R.I. for one year and to
pay fine of Rs.3,000/- (Rupees three years), in default
to undergo further R.I. for four months for the offence
under section 4 of the D.P. Act and all the sentences
were directed to run concurrently by the learned
Additional Sessions Judge, Champua in Case No. S.T.
Case No.39 of 2016.
As per the order dated 05.04.2025, learned
counsel for the State has produced the written
instruction dated 08.05.2025 received from the I.I.C.,
Champua Police Station to the effect that the
petitioner has not indulged himself in any criminal
activities during the interim bail period and he has
cooperated with the police. The said report is taken on
record.
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Considering the submissions made by learned
counsel for the petitioner that the petitioner is in
judicial custody for more than nine years and that he
has not misutilised the liberty granted to him while on
interim bail and considering the ratio laid down in the
case of Leti @ Jayadeb Roy and another vs. The
State, reported in (1990) 3 Orissa Criminal
Reports 427, we are inclined to release the petitioner
on bail.
Let the appellant-petitioner be released on bail
pending disposal of the appeal on furnishing bail bond
of Rs.20,000/- (Rupees twenty thousand) with one
local solvent surety for the like amount to the
satisfaction of the learned trial Court.
Accordingly, the I.A. is disposed of.
Urgent certified copy of this order be granted as
per rules.
( S.K. Sahoo)
Judge
( S.S. Mishra)
Judge
Subhasis
Signature Not Verified
Digitally Signed
Signed by: SUBHASIS MOHANTY
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa, Cuttack.
Date: 24-Jul-2025 17:52:21
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