The central legal point established in the judgment is the consideration of lengthy detention and the remote possibility of hearing the appeals in the near future in granting bail pending appeal.

ORDER

M.C.No.147 of 2021 (arising out of CRLA No.241 of 2015) And M.C.No.838 of 2015 (arising out of CRLA No.327 of 2015) And I.A.No.868 of 2021 (arising out of CRLA No.103 of 2016)

1. All three appellants have prayed to release them on bail pending appeal under Section 389(1) of the Cr.P.C.

2. It is submitted by the respective counsels that, above three appeals along with other connected appeals are against the common judgment of the learned Additional Sessions Judge, Bhubaneswar in Crl.Trl No.02/20/111 of 2013/11. It is further submitted that all these three appellants are inside custody since 29th January, 2011, and the appellants, namely, Pahali @ Pahala Behera and Bapi @ Manoj Naik @ Mohan Sethi are permanent residents under Dasapalla Police Station in the district of Nayagarh whereas Rocky@Dillip Swain is a permanent resident under Patapur Police Station in the district of Ganjam. Learned counsel for the appellant-Rocky @Dillip Swain further submits that his I.A. No.868 of 2021 be confined to the prayer for bail only. All of them are poor persons and no chance of absconding is there in case they are released on bail.

3. The common submission made on behalf of the appellants that admittedly no ransom was paid and the fact of demand for ransom is not established on record. Neither the victim had received any hurt nor use of force has been proved on record. It is prayed that the appellants be released on bail keeping in view their long detention inside the custody.

4. All the accused persons including present three appellants have been convicted and sentenced for imprisonment of life along with payment of fine of Rs.6,000/- for offence under Section 364- A/34 of the I.P.C.

5. As it appears, they are inside custody for more than ten years and eight months by now.

6. The prosecution has examined twenty seven witnesses in course of trial and marked thirty one documents as exhibits.

7. Upon perusal of the evidences adduced through the witnesses and the circumstances brought on record, we are inclined to release the present appellants on bail particularly keeping in view their long detention inside custody and remote possibility of hearing of the appeals in near future. Accordingly, it is directed to release the appellants, namely, Pahali @ Pahala Behera, Bapi @ Manoj Naik @ Mohan Sethi and Rocky@Dillip Swain on bail in Crl.Tr.No.02/20/111 of 2013/11 pending appeal on such terms and conditions as deemed fit proper by the learned Additional Sessions Judge, Bhubaneswar.

8. All the applications are allowed. 9. Registry is directed to prepare the paper books and list the appeals for hearing.

10. Urgent certified copy of this order be issued as per Rules.