Biju @ Bhagirathi Das vs State Of Odisha
2021 Latest Caselaw 3801 Ori

                                CRLA No.227 of 2019




                                         I.A. No.639 of 2019

                    Biju @ Bhagirathi Das                     ...       Appellant/
                                                                      petitioner

                                                           -Versus-

                    State of Odisha                           ...     Respondent/
                                                                      Opp. party

11.   18.03.2021         The      matter      is   taken    up      through    Video
                   Conferencing.
                         This is an application under Section 389 of Cr.P.C.
                   for grant of bail.
                         Heard.
                         The appellant-petitioner has been convicted under
                   sections 304(II)/323/34 of the Indian Penal Code and
                   sentenced to undergo R.I. for a period of ten years for
                   the offence under sections 304(II)/34 of the Indian Penal
                   Code and sentenced to undergo R.I. for a period of six
                   months for the offence under sections 323/34 of the
                   Indian Penal Code and the substantive sentences were
                   directed to run concurrently by the learned Additional
                   Sessions Judge, Bhubaneswar in Crl. Tr. No.37 of 2015.
                         Perused the impugned judgment.
                         Learned counsel for the petitioner submitted that
                   the petitioner is in judicial custody since 27.10.2014 and
                   therefore,   he      has   already   undergone      half   of   the
                   substantive sentence imposed on him 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 favour of
                   the petitioner. He further submits that similarly situated
       co-accused has already been released on bail in CRLA
      No.723 of 2018 (I.A. No.1775 of 2018) as per order
      dated 26.11.2020 and therefore, the bail application of
      the petitioner may be favourably considered.
            Learned counsel for the State, on the other hand,
      submitted that the conviction of the appellant is based on
      the   statement    of   the   eye      witnesses,   which    is
      corroborated by the medical evidence.
            Considering the submissions of learned counsel for
      the respective parties, the nature of evidence adduced by
      the prosecution during trial, the sentence imposed by the
      learned trial Court, the period already undergone by the
      petitioner, release of similarly situated co-accused on bail
      and absence of any chance of early hearing of the appeal
      in the near future, the prayer for bail is allowed.
            Let the appellant-petitioner be released on bail
      pending disposal of the appeal on furnishing bail bond of
      Rs.50,000/- (rupees fifty thousand) 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, J.

RKM