CRLA/774/2017
2021 Latest Caselaw 6117 Ori

                            CRLA NO.774 OF 2017




9                                    I.A. No.233 of 2021
      04.6.2021.



                      Present:

                                Shri S.K.Mishra, J
                                Shri B.P.Routray,J

                   Kalia Behera               ......         Petitioner/Appellant

                            - Vrs-

                   State of Odisha           .......      Opp.Party/Respondent

                      For the Petitioner :       Mr. Bhaskar Panda

                      For Opp.Party      :      Addl. Standing Counsel

                                      ---------------

This case was taken up through video conferencing on 30.4.2021.

This is a successive application filed under Section 389 of the Cr.P.C. by the Petitioner-Appellant for suspension of sentence and grant of bail upon appeal.

It apparent from the records that the Petitioner- Appellant has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.06,000/-, in AKB default, to undergo further R.I. for four months under Section 302 of the I.P.C. vide judgment of conviction and order of sentence dated 23.8.2017 passed by the learned Sessions Judge, Angul in C.T.(S) No.88 of 2010.

The earlier bail application of the Petitioner- Appellant has been rejected on 22.11.2019. However, in the mean time the Petitioner-Appellant is in custody since January, 2010. In view of the long incarceration, the pandemic and the fact that the incident took place due to an altercation and in spur of moment the Petitioner-Appellant assaulted the deceased by means of a Tangia, we are of the opinion that there is a stateble probability that the conviction shall be converted into one under Section 304of the I.P.C., the application should be allowed.

The Petitioner/appellant is a permanent resident of village - Kundataila, P.S.-Jarpada, District - Angul, there is no reasonable apprehension of his absconding from the process of justice and that fact that there is no allegation on behalf of the prosecution that the petitioner will abscond, if he is released on bail, Keeping in view the aforesaid consideration and the pandemic situation for which the Hon'ble Supreme Court has directed to release of the accused in suitable cases to avoid congestion of the prisons, this Court is inclined to suspend the sentence and grant bail to the Petitioner/Appellant.

In that view of the matter, the application for bail of the Petitioner-Appellant is allowed. Let the Petitioner- Appellant be released on bail by the learned Sessions Judge, Angul in C.T.(S) No.88 of 2010 on such suitable terms and conditions as deems just and proper by him.

There shall be stay of realization of fine till final disposal of the CRLA.

As the restrictions due to resurgence of COVID-19 are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate Mr. Bhaskar Panda, learned counsel for the Petitioner or learned Addl. Standing Counsel for the State, in the manner prescribed vide Court's Notice No.4587 dated 25th March, 2020 as modified by Court's Notice No.4798 dated 15th April, 2021.

...................

S.K.Mishra (Judge)

.........................

B.P.Routray (Judge)