Orissa High Court
Biswanath Seth @ Budhu vs State Of Odisha on 16 May, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.66 of 2022
Biswanath Seth @ Budhu .... Appellant/
Petitioner
Mr. R. Roy, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. J.P. Patra,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
16.05.2022
I.A. No.132 of 2022
03. 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 section 304-II of the Indian Penal Code and
sentenced to undergo R.I. for ten years and to pay a
fine of Rs.5,000/- (rupees five thousand), in default,
to further undergo R.I. for one year by the learned
Additional Sessions Judge, Sundargarh in Sessions
Trial No.8/13 of 2016.
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Perused the impugned judgment.
Learned counsel for the petitioner submitted that
the petitioner was taken into judicial custody since
24.10.2015 and as such out of ten years of
substantive sentence imposed by the learned trial
Court, he has already undergone substantive
sentence of six years and six months and since it is
an appeal of the year 2022, there is no chance of
early hearing of the appeal in the near future and
balance of convenience is in his favour. Learned
counsel placed the evidence of the eye witness P.W.5
as well as the doctor (P.W.18), who conducted the
post mortem examination. He further submitted that
though P.W.9 is another eye witness but he has not
supported the prosecution case for which he was
declared hostile by the prosecution and therefore, the
bail application of the petitioner may be favourably
considered.
Learned counsel for the State submitted that
apart from the evidence of the eye witness P.W.5,
there is corroborative evidence of P.W.15 who has
stated that the deceased disclosed after the incident
that it is the petitioner, who assaulted him.
Considering the submissions of learned counsel
for the respective parties, the nature of evidence
adduced during the trial, the substantive sentence
imposed by the learned trial Court, the period already
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undergone by the petitioner in judicial custody and
absence of any chance of early hearing of the appeal
in the near future, the prayer for bail is allowed.
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.
Accordingly, the I.A. is disposed of.
( S.K. Sahoo)
Judge
I.A. No.131 of 2022
04. Heard.
There shall be stay of realization of fine amount
imposed by the learned trial Court on the appellant-
petitioner till disposal of the criminal appeal.
The I.A. is disposed of.
Urgent certified copy of this order be granted as
per rules.
( S.K. Sahoo)
Judge
RKM
