This Matter Is Taken Up Through ... vs Unknown
2021 Latest Caselaw 950 Ori

                                CRLA No.644 of 2015




05.   28.01.2021            I.A. No.26 of 2021
                            This matter is taken up through Video conferencing
                   mode.
                            Heard Mr. C.R. Sahu, learned counsel appearing for
                   the appellant nos.1 and 2 and Mr. G.N. Rout, learned
                   Additional Standing Counsel.
                            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 appellants have 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
                   one year and to undergo imprisonment for ten years and to
                   pay a fine of Rs.5,000/-, in default to rigorous imprisonment
                   for one year for the offence under Section 449/34 of the IPC,
                   vide the judgment of conviction and order of sentence dated
                   16.11.2015 passed by the learned Additional Sessions
                   Judge, Keonjhar in Sessions Trial Case No.06/112 of 2014-
                   13.
                            The appellant nos.3 & 4 have already been granted
                   bail by this Court. Their case stands on a different footing
                   than that of the present appellant nos.1 and 2. Having gone
                   through the evidence of eye witnesses, we are of the opinion
                   that there is very less probability of appeal being allowed for
                   the conviction under Section 302/34 of the Penal Code being
                   converted to a conviction under Section 304 of the Penal
                   Code. Hence, we are not inclined to grant bail to the
                   petitioner by suspending the sentence.
                            Accordingly, the application for bail of appellant
                   under Section 389 of Cr.P.C is rejected.
                         2




                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.

TUDU

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