Tukuna Jena vs State Of Odisha
2022 Latest Caselaw 4367 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.607 of 2021

              Tukuna Jena                           ....   Appellant/
                                                         Petitioner

                                  Mr.J. Sahoo, Advocate

                                      -versus-

              State of Odisha                       ....   Respondent/
                                                         Opp.party

                                  Mr.Rajesh Tripathy,
                                  Addl. Standing Counsel
                                   CORAM:
                              JUSTICE S.K. SAHOO
                                    ORDER

Order No.                        05.09.2022
                              I.A. No. 1088 of 2021

08. This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

This is an application for bail.

The appellant-petitioner has been convicted under sections 498-A, 304-B and 34 of the Indian Penal Code read with section 4 of the Dowry Prohibition Act and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.2,000/- (rupees two thousand), in default to undergo R.I. for a period of one month for the offence under section 498-A/34 of the Indian Penal Code and to undergo rigorous imprisonment for ten years for the offence under section 304-B of the Indian Penal Code and to undergo R.I. for a period of six months and to pay a fine of Rs.2,000/- (rupees two thousand), in default, to undergo // 2 //

further rigorous imprisonment for a period of one month for the offence under section 4 of the D.P. Act and all the substantive sentences were directed to run concurrently by the learned Addl. Sessions Judge, Aska vide judgment and order 17.03.2021 passed in S.T. Case No. 07 of 2016.

Learned counsel for the State produced the custody certificate of the appellant received from the Superintendent, Sub Jail, Aska dated 06.08.2022 from which it reveals that as on 6th August 2022, the petitioner has already undergone substantive sentence of seven years, one month and twenty nine days.

Learned counsel for the petitioner submitted that out of ten years of substantive sentence, the petitioner has already undergone more than seven years of substantive sentence and there is no chance of early hearing of the appeal in the near future and balance of convenience is in his favour and therefore, the bail application may be favouraly considered.

Learned counsel for the State, on the other hand, opposed the prayer for bail and submitted that P.W.17, the daughter of the petitioner and the deceased Sujata Swain is an eye witness to the occurrence and she has implicated the petitioner.

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced during trial, the substantive sentence imposed by the learned trial Court, the sentence already undergone by the appellant in judicial custody and absence of any chance of early hearing of the appeal in the near future, I am

// 3 //

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) each with two solvent sureties each for the like amount to the satisfaction of the learned trial Court with such terms and conditions as the learned Court may deem just and proper.

The I.A. is disposed of.

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

( S.K. Sahoo) Judge

P