Pawan Kumar vs State Of Odisha
2021 Latest Caselaw 6134 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.523 of 2020

              1. Pawan Kumar
                 Agarwalla
              2. Pintu Kumar Agarwalla
                 @ Pintu Agarwalla
              3. Ramswarup Agarwal
              4. Lalita Agarwal                   .... Appellants/
                                                     Petitioners

                                  Mr. A.K. Sarangi, Advocate

                                       -versus-
              State of Odisha                     .... Respondent/
                                                     Opposite Party

                                  Mr. P.C. Das,
                                  Addl. Standing Counsel
                                     CORAM:

                              JUSTICE S.K. SAHOO
                                     ORDER

Order No. 07.06.2021

I.A. No.999 of 2020

04. This matter is taken up by video conferencing mode.

This is an application under Section 389 of Cr.P.C. for grant of bail.

Heard.

The appellants-petitioners have been convicted under sections 306/498-A of the Indian Penal Code and sentenced to undergo R.I. for seven years and to pay a fine of Rs.10,000/- (ten thousand), in default, to undergo R.I. for six months for // 2 //

the offence under section 306 of the Indian Penal Code and R.I. for one year and to pay a fine of Rs.1,000/- (one thousand), in default, to undergo R.I. for one month for the offence under section 498-A of the Indian Penal Code by the learned Sessions Judge, Angul in C.T.(S) No.184 of 2017.

Perused the impugned judgment and the deposition copies of the witnesses.

Learned counsel for the petitioners submitted that the petitioner no.1 Pawan Kumar Agarwalla, who is the husband of the deceased Rupa Dhanuka, is in judicial custody since 09.03.2017 and petitioner no.2 Pintu Kumar Agarwalla @ Pintu Agarwalla, petitioner no.3 Ramswarup Agarwal and petitioner no.4 Lalita Agarwal, who are the brother-in-law, father-in-law and mother-in-law of the deceased respectively, are in judicial custody since 01.03.2017 and therefore, they have already undergone half of the substantive sentence imposed on them by the learned trial Court and there is no chance of early hearing of appeal in the near future and balance of convenience is in their favour and therefore, the bail application of the petitioners may be favourably considered.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions of learned counsel for the respective parties, the nature of evidence adduced by the prosecution during trial, the substantive sentence imposed by the learned trial Court, the period already undergone by the petitioners in judicial custody and absence of any chance of early hearing of the appeal in the near future, the prayer for bail is allowed.

// 3 //

Let the appellants-petitioners be released on bail pending disposal of the appeal on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned trial Court.

The I.A. is disposed of.

( S.K. Sahoo) Judge

I.A. No.998 of 2020

05. Heard.

There shall be stay of realization of fine amount imposed by the learned trial Court on the appellants-petitioners till disposal of the criminal appeal.

The I.A. is disposed of.

As the restrictions due to resurgence of COVID-19 situation 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, 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. Sahoo) Judge RKM