CRLA/495/2016
2021 Latest Caselaw 6118 Ori

                           CRLA NO.495 OF 2016




9                                    I.A. No.173 of 2021
      04.6.2021.

                      Present:

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

                   Sapana Pradhan             ......         Petitioner/Appellant

                            - Vrs-

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

                      For the Petitioner : Mr. Nrusingha Nanda Mahapatra

                      For Opp.Party      :      Addl. Standing Counsel

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

This case was taken up through video conferencing on 30.4.2021.

This is an 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.30,000/-, in AKB default, to undergo further R.I. for six months under Section 302 of the I.P.C. vide judgment of conviction and order of sentence dated 22.6.2016 passed by the learned Addl. Sessions Judge, Chatrapur (Ganjam) in S.T. No.190 of 2013.

The earlier bail application of the Petitioner- Appellant has been rejected on 29.11.2019. However, in the mean time the Petitioner-Appellant is in custody for more than ten years. He has been remanded by the learned Magistrate on 08.3.2010. He was granted furlough leave by the prison authorities on 21.1.2021 for fourteen days and there is no allegation on behalf of the prosecution that the Petitioner- Appellant misused the liberty granted to him in any manner. The Petitioner/appellant is a permanent resident of village - Baghadi, P.S.-Polasara, District - Ganjam, 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 tamper the prosecution evidence, 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 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 Addl. Sessions Judge, Chatrapur (Ganjam) in S.T. No.190 of 2013 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. Nrusingha Nanda Mahapatra, 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)