Dileswar Sabar @ Dora vs State Of Odisha
2021 Latest Caselaw 701 Ori

                                 CRLA No.405 of 2019
                                                                                   1




                                      I.A. No.966 of 2019

                   1. Dileswar Sabar @ Dora                ...       Appellants/
                                                                   Petitioners
                   2. Debaraj Sabar


                                                        -Versus-

                   State of Odisha                         ...     Respondent/
                                                                   Opp. party

07.   21.01.2021           The    matter   is   taken    up      through   Video
                   Conferencing.
                           This is an application under Section 389 of
                   Cr.P.C. for grant of bail.
                           Heard.
                           The appellants-petitioners have been convicted
                   under sections 304(I)/452/147/34 of the Indian Penal
                   Code and sentenced to undergo R.I. for a period of seven
                   years each and to pay a fine of Rs.2,000/- (two
                   thousands), in default, to undergo further R.I. for three
                   months for the offence under section 304(1)/34 of the
                   Indian Penal Code, R.I. for a period of two years and to
                   pay a fine of Rs.1,000/- (two thousands), in default, to
                   undergo further R.I. for one month for the offence under
                   section 452/34 of the Indian Penal Code and R.I. for a
                   period of three months for the offence under section
                   147/34 of the Indian Penal Code by the learned Addl.
                   Sessions Judge, Paralakhemundi in S.T. Case No.62 of
                   2017.
                           Perused the impugned judgment.
                           Learned counsel for the petitioners submitted
                                                               2




that the petitioners are in judicial custody since
21.10.2016. He further submitted that the doctor's
evidence indicates that the ligature mark which was
present on the front side of the neck was discontinuous
at the backside of the neck and the doctor found no
definite fracture on thyroid, hyoid or cricoid cartilage
which creates doubt about the manner in which the
death took place according to the evidence of the eye
witnesses. He further submitted that there is no
chance of early hearing of appeal in the near future
and balance of convenience is in favour of the
petitioners, and therefore, the bail application of the
petitioners may be favourably considered.
      Learned counsel for the State, on the other hand,
opposed the prayer for bail and placed the evidence of
the eye witnesses particularly P.W.9 Smt. Subasini
Sabar, the mother of the deceased and Pitambar Sabar
(P.W.5), who is an independent eye witness. He also
placed the evidence of the doctor (P.W.8), who stated
to have noticed the ligature mark around the neck of
the deceased.
      Considering the submissions of learned counsel
for the respective parties, the nature of evidence
adduced    by   the   prosecution    during    trial,   the
substantive sentence imposed by the learned trial
Court, the period already undergone by the petitioners
and absence of any chance of early hearing of the
appeal in the near future, the prayer for bail is allowed.
                                                                  3




            Let the appellants-petitioners be released on bail
      pending disposal of the appeal on furnishing bail bond
      of Rs.50,000/- (rupees fifty thousand) each with two
      local solvent sureties each for the like amount to the
      satisfaction of the learned trial Court.
            The I.A. is disposed of.


                                          .............................
                                           S.K. Sahoo, J.

RKM