CRLA/137/2020
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                                   CRLA No.137 of 2020




                                         I.A. No.290 of 2020

07.   21.01.2021               This     matter   is   taken    up   through   Video
                   Conferencing mode.
                               Heard Mr. Prasanta Kumar Satapathy, learned
                   counsel for the sole appellant appellant-Tuna Dakua and Mr. G.
                   N. Rout, the learned Additional Standing Counsel for the State.
                               The aforesaid application under Section 389 of
                   Cr.P.C. has been filed by the sole appellant- Tuna Dakua for
                   suspension of sentence and grant of bail upon appeal.
                               The appellant/petitioner has been convicted and
                   sentenced to undergo rigorous imprisonment for life and to pay
                   fine of Rs.10,000/- (Rupees ten thousand) only, in default, to
                   undergo further rigorous imprisonment for one year for offence
                   u/s.302 of IPC and subject to set off u/s.428 of Cr.P.C. by
                   virtue of the judgment and order dated 18.12.2019 passed by
                   the learned 1st Additional Sessions Judge, Berhampur in S.T.
                   Case No.225 of 2018.
                               The conviction of the sole appellant-Tuna Dakua is
                   based solely on the circumstantial evidence. However, it is very
                   strenuously contended by the learned counsel for the appellant
                   that the learned 1st Addl. Sessions Judge committed an error
                   on record by taking into consideration the statement of the
                   appellant while in custody, recorded under Section 27 of the
      Prasant      Indian Evidence Act, as a confessional statement in its totality
                   and has come to this conclusion of convicting the appellant. We
                   find sufficient force in the contention raised by the learned
                   counsel for the appellant. Moreover, the appellant is a
                   permanent resident of village-Kukhata, P.S-Berhampur Sadar,
                   Dist.-Ganjam, so there is no reasonable apprehension of his
                   absconding from the process of justice.
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                              Keeping in view the submissions of the counsel for
                   the appellant/petitioner and the materials available against the
                   appellant/petitioner, we are inclined to grant bail to the
                   appellant/petitioner upon appeal.
                              Accordingly, the application for bail is allowed and
                   sentence imposed by the learned 1st Addl. Sessions Judge,
                   Berhampur is hereby suspended.
                              Let   the    appellant/petitioner-Tuna   Dakua     be
                   released on bail on suitable terms and conditions as deemed
                   just and proper by the 1st Addl. Sessions Judge, Berhampur in
                   the aforesaid case.
                              The I.A. is accordingly disposed of.
                              In view of the Covid 19 Pandemic, learned counsel
                   for the parties may utilize the soft copy of this order available
                   in the High Court's website or printout 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.

CRLA No.137 of 2020

08. 21.01.2021 This matter be listed after preparation of paper book.

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

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

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