Orissa High Court
Present vs State Of Orissa on 31 March, 2021
CRLA No.887 of 2019
PRESENT:
SHRI JUSTICE S. K. MISHRA
AND
MISS JUSTICE SAVITRI RATHO
______________________________________________
Bimal Rout ...... Appellant.
- Versus-
State of Orissa ...... Respondent.
For Appellant : Mr. M. Kanungo,
Sr. Advocate &
Mr. S.K. Mohanty.
For Respondent : Mr. G.N. Rout, ASC.
ORDER
11. 31.03.2021 I.A. Nos.150 and 151 of 2020
Both the Interim Applications have been filed under
Section 389 of the Code by the Petitioner/ Appellant- Bimal Rout for
grant of bail upon appeal and suspension of sentence.
In this case, the Petitioner/ Appellant and five others,
namely, Mantu Nial, Jaysen Thela, Arjun Bhoi, Bana Majhi and
Parbesh @ Parme Dundi have been convicted and sentenced to
undergo imprisonment for life each with payment of fine of
Rs.20,000/- each in default of payment of fine to undergo R.I. for
one year each under Section 364A/34 of the Indian Penal Code,
1860 (hereinafter referred to as "the Penal Code" for brevity), to
undergo R.I. for five years each and to pay fine of Rs.10,000/- each
in default of payment to undergo R.I. for six months each under
Section 365/34 of the Penal Code, to undergo R.I. for six months
each under Section 342/34 of the Penal Code, to undergo R.I. for ten
years each and to pay fine of Rs.20,000 each in default of payment
of fine to undergo R.I. for one year each under Section 370/34 of the
Penal Code, to undergo R.I. for two years each for the offence under
Section 506/34 of the Penal Code, to undergo R.I. for three years
each and to pay fine of Rs.5,000/- each and in default to undergo R.I.
for six months each under Section 420/34 of the Penal Code, to
undergo R.I. for two years each and to pay fine of Rs.2,000/- each
under Sections 16 and 17 of the Bonded Labour System (Abolition)
Act, 1976, so also the Petitioner/ Appellant and seven others,
namely, Mantu Nial, Jaysen Thela, Arjun Bhoi, Bana Majhi,
Baikuntha Rauti, Gangadhar Das and Parbesh @ Parme Dungi have
been convicted and sentenced to undergo imprisonment for life each
with payment of fine of Rs.20,000/- each and in default of payment
of fine to undergo R.I. for one year each under Section 120B of the
Penal Code vide the judgment of conviction and order of sentence
dated 24.12.2016 passed by the learned Additional Sessions Judge-
cum-Special Judge, Dharamgarh in C.T. (Special Act) Case No.11 of
2014/ C.T. (SA) Case No.27 of 2014. It is clarified by the trial court
vide the aforesaid judgment and order that as each of the convicts
has been awarded sentence to undergo imprisonment for life and to
pay fines under different sentences, all the substantive sentences
awarded against the convicts for different offences including the
sentence for imprisonment for life are to run concurrently.
Learned counsel for the Petitioner/ Appellant submitted
that there are two injured witnesses i.e. P.Ws.2 and 6. P.W.2-
Nilambara Dhangada Majhi stated that the accused Jaysen Thela and
Bana Majhi caught hold him and the accused- Baikuntha Rauti
chopped his right hand by means of Tangia. P.W.6-Dialu Nial stated
that the accused Jaysen Thela chopped right palm by means of
tangia. He further submitted that above said two injured witnesses
have not implicated the present Appellant so far as chopping part is
concerned. He also submitted that co-accused Mantu Nial has been
granted bail upon appeal vide the order dated 16.09.2019 passed in
I.A. No.1347 of 2019 arising out of CRLA No.122 of 2017.
Though the Petitioner/ Appellant- Bimal Rout has been
convicted under Sections 364A/ 365/342/506/370/420 of the Penal
Code read with Section 34 of the Penal Code and under Sections 16
and 17 of the Bonded Labour System (Abolition) Act, 1976, he has
been acquitted of the offences under Sections 323/326/307/201 of
the Penal Code read with Section 34 of the Penal Code. The
allegation against the Petitioner/Appellant- Bimal Rout , Co-accused
Mantu Nial and Parsuram Naik is that they had told Nilambar
Dhangada Majhi, Dialu Nial and other labourers that they would get
more wages, if they went to work in the brick kiln and accompanied
them for part of the way. It is further borne out from the record that
the case of the present Appellant- Bimal Rout stands in the same
footing to that of co-accused Mantu Nial who has been granted bail
upon appeal. It is also borne out from the record that the Appellant-
Bimal Rout was granted bail by the trial court and was released on
bail on his bond with surety during trial. There is no allegation that
he has misused the liberty granted to him in any manner. Moreover,
the Petitioner/ Appellant is a permanent resident of village-
Uchhula,Nuagada, P.S.- Jaipatna, in the district of Kalahandi. Hence,
there is no reasonable opportunities of his abscondance from the
process of justice.
In that view of the matter, the applications for bail upon
appeal filed by the Petitioner/ Appellant are allowed. Sentence
imposed upon the Petitioner/Appellant- Bimal Rout 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 Additional
Sessions Judge-cum-Special Judge, Dharamgarh in the aforesaid
case.
Both the I.As. are disposed of accordingly.
Urgent certified copy of this order be granted on proper
application.
........................
(S. K. Mishra)
Judge
.......................
(Savitri Ratho)
Judge
BJ
