Dibakar Rout @ Gulu vs State Of Odisha
2021 Latest Caselaw 12242 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                           CRLA No.313 of 2019
              Dibakar Rout @ Gulu                    ....       Appellant/
                                                             Petitioner

                                    Mr. A.K. Pattnaik, Advocate

                                       -versus-
              State of Odisha                        ....     Respondent/
                                                              Opp. Party

                                    Mr. R. Tripathy,
                                    Addl. Standing Counsel

                                     CORAM:

                             JUSTICE S.K. SAHOO
                                     ORDER

Order No.                           29.11.2021
                              I.A. No.778 of 2019
   16.             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 learned counsel for the appellant- petitioner and learned Counsel for the State.

The appellant-petitioner has been convicted under sections 307/341/324/34 of the Indian Penal Code and sentenced to undergo R.I. for a period of seven years and to pay a fine of Rs.2,000/- (rupees two thousand), in default, to undergo further R.I. for a period of six months for the offence under section 307/34 of the Indian Penal Code and he is further // 2 //

sentenced to pay a fine of Rs.100/- (one hundred), in default, to undergo S.I. for five days for the offence under section 341/34 of the Indian Penal Code and no separate sentence was awarded for the offence under section 324/34 of the Indian Penal Code by the learned Addl. Sessions Judge, Athagarh in S.T. Case No.96 of 2015 vide judgment dated 17.04.2019.

Learned counsel for the petitioner submitted that the petitioner was on bail during trial and he has never misutilised his liberty and since the date of the pronouncement of the impugned judgment by the learned trial Court i.e. 17.04.2019, he is in judicial custody.

As per the order dated 08.11.2021, learned counsel for the appellant in instruction submitted that in the criminal appeal preferred by the appellant in a case in which he has been found guilty under sections 302/149 of the Indian Penal Code, he has not yet been released on bail and the co-accused Sarat Kumar Swain @ Budu who also faced trial along with the petitioner in the aforesaid case and found guilty for the offence under sections 302/149 of the Indian Penal Code and he preferred a separate appeal which is subjudiced before this Court. It is further submitted that the said co-accused, namely, Sarata Kumar Swain @ Budu who has preferred a separate appeal i.e. CRLA No.367 of 2019 in connection with his conviction in

// 3 //

this case has been directed to be released on bail in I.A. No.886 of 2019 vide order dated 14.01.2020 and the petitioner stands on the similar footing like the co- accused. He further submitted that there are good chances of success in the appeal 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 therefore, the bail application of the petitioners may be favourably considered.

Learned counsel for the State placed the evidence of the injured (P.W.2) and fairly submitted that the accusation against the present petitioner as well as co-accused Sarat Kumar Swain @ Budu who has been released on bail are identical in nature.

Considering the submissions made by the learned counsel for the respective parties, nature of evidence available on record, the period of detention of the petitioner in judicial custody, release of co-accused on bail in the connected criminal appeal and absence of any chance of early hearing of appeal in the near future and the fact that the petitioner was on bail during trial, I am inclined to release the petitioner on bail.

Let the appellant-petitioner be released on bail pending disposal of the appeal on furnishing bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the

// 4 //

satisfaction of the learned trial Court.

The I.A. is disposed of.

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

( S.K. Sahoo) Judge

I.A. No.777 of 2019

Heard.

There shall be stay of realization of fine amount imposed by the learned trial Court on the appellant till disposal of the criminal appeal.

The I.A. is disposed of.

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

( S.K. Sahoo) Judge