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2021 Latest Caselaw 883 Ori

                                 JCRLA No.76 of 2016




03.   27.01.2021             I.A. No.94 of 2020
                             This matter is taken up through Video conferencing
                   mode.
                             Heard Mr. Biswajit Pasayat, learned Amicus Curiae
                   appearing for the appellant-Akahaya Kumar Swain and Mr. M.S.
                   Sahoo, learned Additional Government Advocate.
                             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-Akahaya Kumar Swain has
                   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.5,000/-, in default to undergo imprisonment for three
                   months, to undergo imprisonment for three years and to pay a fine
                   of Rs.3,000/-, in default to rigorous imprisonment for two months
                   for the offence under Section 436/34 of the IPC, to undergo
                   imprisonment for three months for the offence under Section
                   426/34 of the IPC, to undergo imprisonment for three years and to
                   pay a fine of Rs.5,000/-, in default to rigorous imprisonment for
                   two months for the offence under Section 307/34 of the IPC, vide
                   the   judgment   of   conviction   and   order     of   sentence   dated
                   24.11.2016 passed by the learned 2nd Additional Sessions Judge,
                   Rourkela in Sessions Trial No.52/56/68 of 2011/2013.
                             Learned counsel for the appellant submits that there is
                   no material to come to a conclusion that the appellant committed
                   the murder as alleged by the prosecution. Moreover, he is more
                   than 80 years old and his health condition is very precarious.
                   Learned Additional Government Advocate resists the application
                   for bail as this is a gruesome murder.
                             As many as five persons have been done to death by the
                   appellant and the attempted to murder two persons. So, we are
                   not inclined to grant bail to the appellant.
                                         2




                              Hence,   the   application for bail of appellant under
                    Section 389 of Cr.P.C is rejected.

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

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

JCRLA No.76 of 2016

03. 27.01.2021 The appellant is in custody since 2010. Registry is directed to prepare paper book as early as possible and same be supplied to the counsels.

List this matter on 3rd March, 2021 for final disposal. 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