Bhramara Kuanr vs State Of Odisha
2023 Latest Caselaw 3041 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No. 266 of 2023

              Bhramara Kuanr                   ....    Appellant

                                  Trilochan Dash, Advocate

                                    -versus-

              State of Odisha                  ....    Respondent

                                  Mr. Rajesh Tripathy,
                                  Addl. Standing Counsel

                                   CORAM:
                             JUSTICE S.K. SAHOO

                                    ORDER

Order No.                         10.04.2023

                              I.A. No. 577 of 2023

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

This is an application under section 389 Cr.P.C. for grant of bail.

The appellant-petitioner has been convicted under section 304-I of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of ten years by the learned Sessions Judge, Sundargarh vide judgment and order dated 28th February 2023 in S.T. Case No. 94 of 2018.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 09.06.2018 and as such he has already undergone four years and ten months of substantive sentence, out of ten years of // 2 //

substantive sentence imposed on him by the learned trial Court. He further submitted that the occurrence in question took place on 09.06.2018 and the deceased died about eleven days thereafter and the prosecution examined four eye witnesses i.e., P.W.6, P.W.9, P.W.12 and P.W.20, out of them P.W.6, P.W.9 and P.W.12 did not support the prosecution case and basing on the testimony of the widow of the deceased who has been examined as P.W.20 and the medical examination report, the learned trial Court has convicted the appellant. Learned counsel for the appellant further submitted that the version of P.W.20 as an eye witness to the occurrence is a doubtful feature inasmuch as she has stated that at the time of incident she was inside her house and the accused was also inside his house. It is further submitted that there is no chance of early hearing of the appeal in the near future and balance of convenience lies in his favour and therefore, the bail application of the petitioner may be favouraly considered.

Learned counsel for the State, on the other hand, opposed the prayer for bail and placed the evidence of P.W.20 as well as the doctors P.W.16 and P.W.19.

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced by the prosecution during trial, the substantive sentence imposed by the learned trial Court, the period of sentence already undergone by the petitioner and absence of any chance of early hearing of the appeal in

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the near future, I am 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) 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 including the conditions that the petitioner shall not indulge in any criminal activities. Violation of any of the conditions shall entail cancellation of bail.

The I.A. is disposed of.

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

( S.K. Sahoo) Judge

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