Ram Chandra Muduli vs State Of Odisha
2021 Latest Caselaw 11715 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.554 of 2017

              Ram Chandra Muduli                    ....      Appellant/
                                                             Petitioner

                                   Mr. R.P. Pattnaik, Advocate

                                         -versus-
              State of Odisha                       ....    Respondent/
                                                            Opp. Party
                                   Mr. A.K. Beura,
                                   Addl. Standing Counsel
                                    CORAM:

                             JUSTICE S.K. SAHOO
                                    ORDER

Order No.                          15.11.2021
                             I.A. No.1848 of 2019
   05.           This     matter    is     taken    up    through   Hybrid

Arrangement (Video Conferencing/Physical Mode).

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

Heard.

The appellant-petitioner has been convicted under sections 450/323/376(2)(l) of the Indian Penal Code and sentenced to undergo R.I. for a period of four years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo further R.I. for a period of four months for the offence under section 450 of the Indian Penal Code and R.I. for a period of // 2 //

one year for the offence under section 323 of the Indian Penal Code and R.I. for a period of ten years and to pay a fine of Rs.20,000/- (rupees twenty thousand), in default, to undergo further R.I. for a period of six months for the offence under section 376(2)(l) of the Indian Penal Code and all the substantive sentences were directed to run concurrently by the learned Assistant Sessions Judge (Special Track Court), Jeypore at Koraput in Criminal Trial No.75 of 2016.

Perused the impugned judgment.

Learned counsel for the appellant-petitioner submitted that the petitioner is in judicial custody since 31.01.2016 and as such 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 and in view of the evidence of the victim, the ingredients of the offence under section 376(2)(l) of the Indian Penal Code are not attracted and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for bail and placed the evidence of the victim (P.W.12) and the doctors (P.W.4 and P.W.9).

// 3 //

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 sentence already undergone by the petitioner and absence of any chance of early hearing of the appeal in the near future, I am inclined to release the petitioner on bail.

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. Case is disposed of.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge RKM