Bhagabata Bindhani vs State Of Odisha
2021 Latest Caselaw 10669 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK


                             CRLA No.601 of 2014


           Bhagabata Bindhani                ....      Appellant/
                                                     Petitioner
                                          Mr. Niranjan Lenka, Advocate

                                       -versus-
           State of Odisha                   .... Respondent/Opp.Party
                                          Mr. A.K.Nanda,
                                           Addl. Government Advocate

                    CORAM:

                    JUSTICE S.K.MISHRA
                    JUSTICE B.P.ROUTRAY
                                    ORDER

Order                              05.10.2021.
No.




                      I.A. No.289 of 2021

16. 1. This matter is taken up through Hybrid mode.

2. Heard Mr.Niranjan Lenka, learned counsel for the Petitioner- Appellant, and Mr. A.K.Nanda, learned Addl. Government Advocate for the State.

3. The Petitioner-Appellant has filed this application under Section 389 of Cr.P.C. for bail upon appeal. The petitioner-

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appellant has been convicted for the offence under Section 302 of the I.P.C. by the learned Ad hoc Addl. District and Session Judge (FTC), Baripada, Mayurbhanj in S.T. Case No.15/65 of 2011 as per judgment dated 29.8.2012 and has been sentenced to imprisonment for life and to pay fine of Rs.5000/- in default to go further R.I. of six months.

4. It is borne out from the record that his earlier application for bail was rejected by this Court on 11.9.2020. However, it is brought to our notice that the Petitioner-Appellant is in custody for the last eighteen years and as yet paper book has not been prepared.

5. Keeping in view the aforesaid consideration and the fact that the Petitioner-Appellant is a permanent resident of Village- Dahisahi, P.S.-Baisinga, in the district of Mayurbhanj, there is no reasonable probability of the Petitioner-Appellant absconding from the process of justice, this Court is inclined to grant bail to the Petitioner-Appellant and suspend the sentence.

6. Let the Petitioner-Appellant (Bhagabata Bindhani) be released on bail on such terms and conditions as deemed fit and proper by the learned District and Session Judge, Baripada, Mayurbhanj in S.T. Case No.15/65 of 2011.

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

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

(S.K.Mishra) Judge

( B.P.Routray ) Judge AKB