Orissa High Court
Pankaj Digal vs State Of Odisha on 12 August, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No.29 of 2019
Pankaj Digal .... Appellant/
Petitioner
Mr. M. Padhy, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. J.P. Patra,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 12.08.2021
I.A. No.75 of 2020
04. This matter is taken up through Hybrid
Arrangement (Video Conferencing/Physical Mode).
This is an application under Section 389 of Cr.P.C.
for grant of bail.
Heard.
The appellant-petitioner has been convicted under
section 304(II) of the Indian Penal Code and
sentenced to undergo R.I. for ten years and to pay a
fine of Rs.5,000/- (rupees five thousand), in default of
payment of fine, to undergo further R.I. for three
months by the learned Additional Sessions Judge,
// 2 //
Balliguda in S.T. Case No.38 of 2016(T).
Perused the impugned judgment.
Learned counsel for the petitioner submitted that
the petitioner is in judicial custody since 06.11.2015
and thus out of ten years of substantive sentence
imposed by the learned trial Court, he has already
undergone five years and eight months of substantive
sentence. He further submitted that the occurrence in
question took place on 26.10.2015 and the deceased
died on 02.11.2015. He placed the statement of eye
witness Manjula Pradhan (P.W.1) and the doctor
(P.W.6), who conducted the post mortem. It is argued
that there are good chances of success in the appeal
and there is no chance of early hearing of appeal in the
near future and balance of convenience is in favour of
the petitioner and therefore, the bail application of the
petitioner may be favourably considered.
Learned counsel for the State opposed the prayer
for bail and placed the operative part of the impugned
judgment i.e. 8.1 in which the learned trial Court has
discussed that the case falls within Exception 4 of
section 300 of the Indian Penal Code and therefore,
the appellant was found guilty under section 304
Part II of the Indian Penal Code and not under section
302 of the Indian Penal Code.
Considering the submissions of learned counsel
for the respective parties, the nature of evidence
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adduced by the prosecution during trial, the
substantive sentence imposed by the learned trial
Court, the sentence already undergone by the
petitioner and absence of any chance of early hearing
of the appeal in the near future, I am 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.50,000/- (rupees fifty thousand) with two local
solvent sureties each for the like amount to the
satisfaction of the learned trial Court.
The I.A. Case is disposed of.
( S.K. Sahoo)
Judge
I.A. No.75 of 2019
05. Heard.
There shall be stay of realization of fine amount
imposed by the learned trial Court on the appellant-
petitioner till disposal of the criminal appeal.
The I.A. is disposed of.
Urgent certified copy of this order be granted as
per rules.
( S.K. Sahoo)
Judge
RKM
