This Matter Is Taken Up Through ... vs Unknown
2021 Latest Caselaw 697 Ori

                               CRLA No.587 of 2015




15.   21.01.2021            Misc. Case No.1666 of 2015
                            This matter is taken up through Video conferencing
                   because of COVID-19 pandemic.
                            Heard Mr. A.K. Sahoo, learned counsel for the
                   appellant no.1- Pua @ Susanta Mallick and appellant no.2-
                   Nagada @ Nagarjuna Mallick and Mr. M.S. Sahoo, learned
                   Additional Government Advocate for the State.
                            This application has been filed under Section 389 of
                   the Cr.P.C. by the petitioners/ appellants- Pua @ Susanta
                   Mallick and Nagada @ Nagarjuna Mallick respectively for
                   grant of bail upon appeal and suspension of sentence.
                            In this case, the petitioners/ appellant have been
                   convicted and sentenced to undergo imprisonment for life
                   and to pay a fine of Rs.500/- each and in default of payment
                   of fine, to undergo rigorous imprisonment for six months for
                   the offence under Section 302/34 of the I.P.C. vide the
                   judgment   of   conviction   and    order   of   sentence   dated
                   14.10.2015 passed by the learned Sessions Judge, Phulbani
                   in Sessions Trial No.152 of 2014.
                            Learned counsel for the petitioners/ appellants
                   raises two contentions at this stage for grant of bail upon
                   appeal and suspension of sentence recorded by the learned
                   trial judge. It is submitted that it was a dark night and there
                   was no light, so the identification of the appellants is very
                   much in doubt. It is also argued that name of the appellant
                   no.2- Nagada @ Nagarjuna Mallick has not been mentioned
                   in the F.I.R. Rather, in the F.I.R. itself, it has been
                   specifically mentioned that the solitary eye-witness P.W.14,
                   2




the widow wife of the deceased has specifically mentioned
that she could not recognize the appellant no.2- Nagada @
Nagarjuna Mallick.
         Keeping in view the totality of the evidence on
record, we are not inclined to grant bail upon appeal to
appellant no.1- Pua @ Susanta Mallick. Accordingly, the
prayer for bail upon appeal of the appellant no.1- Pua @
Susanta Mallick is rejected. But, we are inclined to grant bail
upon appeal to the appellant no.2- Nagada @ Nagarjuna
Mallick. Accordingly, the prayer for bail upon appeal of the
appellant no.2- Nagada @ Nagarjuna Mallick is allowed.
         Let the petitioner/ appellant no.2- Nagada @
Nagarjuna Mallick be released on bail on such terms and
conditions as deemed just and proper by the learned
Sessions Judge, Phulbani in the aforesaid case.
         The Misc. Case is disposed of accordingly.
         As restrictions are continuing due to COVID-19
pandemic, learned counsel for the parties may utilize the soft
copy of this order available in the High Court's official
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.

16. 21.01.2021 Misc. Case No.1667 of 2015 Heard.

Realization of the fine amount shall remain stayed till disposal of the appeal.

The Misc. Case is disposed of.

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

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

17. 21.01.2021 I.A. No.1127 of 2020 Mr. A.K. Sahoo, learned counsel for the appellants submits that he does not want to press this application.

Accordingly, this I.A. is disposed of as not pressed.

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

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

BJ