CRLA/625/2016
2021 Latest Caselaw 226 Ori

                                      CRLA No.625 of 2016




                                          Misc. Case No.1746 of 2016

06.    06.01.2021                  This matter is taken up through Video conferencing
                    because of COVID-19 pandemic.
                                   Heard Mr. Neelakantha Panda, learned counsel for
                    the petitioner and Sk. Zafrulla, learned Additional Standing
                    Counsel for the State.
                                   This is an application under Section 389 of Cr.P.C.
                    filed by the appellant-Sada Bhatra and Dhansingh Bhatra for
                    suspension of sentence and grant of bail upon appeal.
                                   In this case, the appellant- Sada Bhatra and
                    Dhansingh Bhatra have been convicted for the offence under
                    Section    302/34    of   the    IPC and         sentenced     to    undergo
                    imprisonment for life and to pay a fine of Rs.10,000/-, in default to
                    rigorous imprisonment for one year. Further sentenced to
                    undergo imprisonment for three years and to pay a fine of
                    Rs.2,000/-, in default to rigorous imprisonment for three months
                    for the offence under Section 201/34 of the IPC, vide the
                    judgment of conviction and order of sentence dated 27.06.2016
                    passed by the learned Sessions Judge, Nabarangpur in Criminal
                    Trial No.118 of 2012.
                                   We    have       carefully   examined     the        impugned
                    judgment    and     evidence      of   doctor,    who   has         conducted
                    postmortem examination and P.W.8, is the eye-witness to the
                    occurrence in this case. There appears to be no reasonable
                    probability of the appeal being allowed. The evidence of eye-
                    witness is duly corroborated by the medical evidence. In that view
TUDU                of the matter, we are not inclined to grant bail to the appellants
                    upon appeal.
                                   Accordingly, the application for bail of appellants
                    under Section 389 of Cr.P.C. is rejected.
                        2




              The I.A. is disposed of.
              As restrictions due to COVID-19 are continuing,
learned counsel for both the parties may utilize the soft copy of
this order available in the High Court's website or print out thereof
at par with certified copies in the manner prescribed, vide Court's
Notice No.4587, dated 25.03.2020.

                                              ..............................
                                                  S.K.Mishra, J.

.............................. Savitri Ratho, J.