C O R A M vs State Of Orissa
2021 Latest Caselaw 6735 Ori

                                     CRLA No.36 of 2010




                    C O R A M:
                              SHRI JUSTICE S. K. MISHRA
                                       AND
                             SHRI JUSTICE B.P. ROUTRAY
                    ______________________________________________
                   Karna Pradhan                           ......       Appellant.

                                               - Versus-
                   State of Orissa                  .      ......     Respondent.

                               For Appellant         : Mr. Sahasransu Sourav, Adv.
                                                      M/s. B.P. Satpathy, B.K. Nayak,
                                                      A.K. Saho and S. Pradhan

                               For Respondent        : Mrs. Saswata Patnaik, AGA
                                     ORDER

I.A. No.236 of 2021

06. 30.06.2021 This matter is taken up through Video Conferencing mode.

2. Heard Mr. Sahasransu Sourav, learned counsel for the Petitioner/ Appellant and Mrs. Saswata Patnaik, learned Additional Government Advocate for the State.

3. This application has been filed under Section 389 of the Cr.P.C. by the Petitioner/ Appellant- Karna Pradhan for grant of bail upon appeal and suspension of sentence.

4. In this case, the Petitioner/ Appellant has been convicted and sentenced to undergo imprisonment for life under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as "the Penal Code" for brevity) and to pay a fine of Rs.10,000/- in default to undergo imprisonment for one year

vide the judgment of conviction and order of sentence dated 18.03.2008 passed by the learned Adhoc Additional Sessions Judge, Sundargarh in Sessions Trial No.157/24 of 2006-07.

5. Mr. Sahasransu Sourav, learned counsel for the Petitioner/ Appellant submits that the Petitioner/ Appellant is in custody since 16.07.2006. He also submits that since the Petitioner/ Appellant has undergone imprisonment for 14 years, he is entitled to be considered by the State Government for premature release. Moreover, the Petitioner/ Appellant is a permanent resident of village-Jhurimal, P.S.- Lephripara, in the district of Sundargarh. Hence, there is no reasonable chance of his absconding from the process of justice.

6. Hence, we are inclined to suspend the sentence and release the Petitioner/ Appellant on bail upon appeal.

7. Accordingly, the prayer for bail upon appeal of the Petitioner/ Appellant is allowed. The sentence of imprisonment for life is suspended.

8. Let the Petitioner/ Appellant- Karna Pradhan be released on bail on such terms and conditions as deemed just and proper by the court in seisin over the matter in the aforesaid case.

9. The I.A. is disposed of accordingly.

10. 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. Sahasransu Sourav, learned Advocate 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

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

(B.P. Routray) Judge BJ