Present vs State Of Orissa
2021 Latest Caselaw 6399 Ori

                               CRLA No.96 of 2018




                   PRESENT:
                              SHRI JUSTICE S. K. MISHRA
                                         AND
                              MISS JUSTICE SAVITRI RATHO
                   ______________________________________________
                   Ch. Kiran Kumar and others           ......      Appellants.
                                       - Versus-
                   State of Orissa                      ......      Respondent.
                            For Appellant      : Mr. Manas Chand
                                                 (For Appellant No.4)
                            For Respondent     : Mr. J. Katikia, AGA.

                                  ORDER

12. 21.06.2021 I.A. No. 453 of 2021 This Interim Application has been filed under Section 389 of the Code by the Petitioner/ Appellant No.4- T. Rakesh Kumar @ Talabatula Rakesh Kumar for grant of bail upon appeal and suspension of sentence.

In this case, the Petitioner/ Appellant No.4- T. Rakesh Kumar @ Talabatula Rakesh Kumar and four others, namely, Cherukura Bujinga Achary, Kandha Swami Krishna, Ch. Kiran Kumar and Somesh Sethi have been convicted and sentenced each to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- each in default of payment of fine, they are to suffer further period of R.I. of one year each under Section 364A/ 34 of the Indian Penal Code, 1860 (hereinafter referred to as "the Penal Code" for brevity) vide the judgment of

conviction and order of sentence dated 29th January, 2018 passed by the learned Sessions Judge, Koraput at Jeypore in Criminal Trial No.251 of 2003. It is also clarified by the trial court vide the aforesaid judgment and order that as maximum punishment for life is imposed against the convicts, no separate substantive sentence is inflicted for the offence under Section 120B/34 of the Penal Code.

The earlier application for bail upon appeal of the Appellant No.4 was rejected.

Considering the present pandemic scenario, the detention of Appellant No.4- T. Rakesh Kumar @ Talabatula Rakesh Kumar and the fact that the Petitioner/ Appellant No.4 being a permanent resident of Sunari Sahi, Post Office Road, Koraput , P.S.- Koraput Town, in the district of Koraut, there is no reasonable apprehension of his abscondance from the process of justice and all other co-accused persons standing in the similar footing to the Petitioner/ Appellant No.4 have been released on bail, we are inclined to release the Appellant No.4- T. Rakesh Kumar @ Talabatula Rakesh on bail upon appeal.

Accordingly, the application for bail upon appeal filed by the Petitioner/ Appellant No.4 is allowed. Sentence imposed upon the Petitioner/ Appellant No.4- T. Rakesh Kumar @ Talabatula Rakesh in the aforesaid case is hereby suspended and he be released on bail on such terms and conditions as

deemed just and proper by the learned Sessions Judge, Koraput at Jeypore in the aforesaid case.

The I.A. is disposed of accordingly.

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 Mr. Manas Chand, learned Advocate for the Petitioner/ Appellant No.4 with his seal, 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

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

(Savitri Ratho) Judge

BJ