Prasanna Patra vs State Of Odisha
2022 Latest Caselaw 2454 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   CRLA No.929 of 2019

            Prasanna Patra                            ....                   Appellant
                                                            Mr. Jaydeep Pal, Advocate
                                           -Versus-
            State of Odisha                           ....                Respondent
                                                             Mr. Sk. Zafarulla, A.S.C.

                      CORAM :
                            JUSTICE C.R. DASH
                            JUSTICE M.S. SAHOO
                                         ORDER

06.05.2022 Order No.

06. I.A. No.1998 of 2019

1. This matter is taken up through Hybrid Arrangement (Virtual / Physial) Mode.

2. Heard learned counsels for the parties.

3. This is an application for bail filed by the Appellant Prasanna Patra, who has been convicted and sentenced under Section 302, I.P.C.

4. The case is based entirely on circumstantial evidence. The circumstances are -

(i) The Appellant-Petitioner and the deceased slept in two separate rooms in the same house and in the next day morning the dead body of the deceased was found with injuries.

(ii) The weapon of offence was recovered and seized at the instance of the present Appellant-Petitioner.

5. The Appellant-Petitioner is stated to be in custody since 20.12.2013.

// 2 //

6. Regard being had to the facts and submission, nature of evidence, factum of permanent residence of the Appellant- Petitioner and the period of custody, it is directed that the Appellant-Petitioner shall be released on bail by the learned Additional Sessions Judge, Kamakshya Nagar in C.T. (Ss) No.83 of 2014 on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

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

8. Urgent certified copy of this order be granted as per rules.

........................

C.R. Dash, J.

........................

M.S. Sahoo, J.

07. I.A. No.1999 of 2019

1. Heard.

2. There shall be stay of realization of fine amount imposed against the Appellant-Petitioner vide judgment dated 26.09.2019 passed by the learned Addl. Sessions Judge, Kamakshyanagar in C.T. (Ss) No.83 of 2014. This order shall be effective till final disposal of the CRLA.

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

4. Urgent certified copy of this order be granted as per rules.

........................

C.R. Dash, J.

........................

M.S. Sahoo, J.

S.K.Parida