This Matter Is Taken Up Through ... vs Unknown
2021 Latest Caselaw 347 Ori

                                  CRLA No.246 of 2017




09.   11.01.2021              I.A. No.1028 of 2020
                              This matter is taken up through Video conferencing
                   because of COVID-19 pandemic.
                              Heard Mr. P.K. Sahoo, 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 petitioner for grant of bail upon appeal.
                              In this case, the appellant-Nirmal Chandra Dalei
                   has been convicted for the offence under Section 302 of the
                   IPC and sentenced to undergo imprisonment for life and to
                   pay a fine of Rs.5,000/-, in default to rigorous imprisonment
                   for six months, vide the judgment of conviction and order of
                   sentence dated 28.02.2017 passed by the learned Sessions
                   Judge, Nayagarh in Sessions Trial No.64/59 of 2013/2011.
                              His earlier bail application has been rejected on
                   09.01.2020 because of the erroneous misleading submission
                   of the learned counsel for the appellant. The successive bail
                   application is moved by Mr. P.K. Sahoo, learned counsel for
                   the     appellant.   He      submits     that    there    are   only    two
                   circumstances appearing against the appellant. Those are:-
                   last seen theory of leading to discovery of purse belonging to
                   the deceased. However, careful examination of the impugned
                   judgment reveals that the learned Additional Sessions
                   Judge, Nayagarh has recorded 12 different circumstances. It
                   is one thing to say that circumstances are not made out. But
                   quite    another     thing    to   say    that    there    is   no     other
                   circumstance discussion by the learned Session Judge.
                         2




                Keeping in view the misleading submission of
       the learned counsel for the appellant, we are not inclined to
       allow the bail of the appellant-Nirmal Chandra Dalei.
                Accordingly, the application for bail of appellant
       under Section 389 of Cr.P.C is rejected.
                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.

TUDU