Ashok Kumar Mishra vs State Of Odisha
2023 Latest Caselaw 3561 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.153 of 2022

              Ashok Kumar Mishra                    ....     Appellant/
                                                          Petitioner

                                   Mr. S.K. Padhi, Advocate

                                         -versus-

              State of Odisha                       ....   Respondent/
                                                         Opp. Party

                                   Mrs. Susamarani Sahoo,
                                   Addl. Standing Counsel

                                 CORAM:
                             JUSTICE S.K. SAHOO
                                     ORDER

Order No. 17.04.2023

I.A. No.274 of 2022

06. 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 sections 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.10,000/- (rupees ten thousand) and in default, to undergo further rigorous imprisonment for a further period of six months by the learned Senior Civil Judge -cum-

// 2 //

Asst. Sessions Judge (Women's Court), Bargarh vide judgment and order dated 15.02.2022 in C.T. No.309 of 2004 (C. No.20/2020) Sessions Trial Case No. 35 of 2019/Trial No.05 of 2020.

Learned counsel for the petitioner submitted that the petitioner was taken into judicial custody during course of investigation on 14.10.2003 and he was released on bail on 27.10.2003 and after pronouncement of judgment on 15.02.2022, he was again taken into judicial custody. Learned counsel further submitted that there is no chance of early hearing of the appeal in the near future and balance of convenience is in his favour and there is no criminal antecedent against the petitioner and therefore, the bail application may be favouraly considered.

As per previous order of this Court, the learned counsel for the State has produced instruction dated 25.08.2022 received from the Inspector -in- charge of Bhatli police station, Bargarh which indicates that the victim is now dead and her son is now aged about nineteen years and there is no criminal antecedent against the petitioner.

Learned counsel for the State, on the other hand, opposed the prayer for bail and placed the evidence of the victim (P.W.15) and the doctor (P.W.6).

Considering the submissions made by the

// 3 //

learned counsel for the respective parties, the nature of evidence adduced during trial, the fact that the petitioner was on bail during trial and there is no material that he has misutilized the liberty while on bail and absence of any chance of early hearing of the appeal in the near future and absence of any criminal antecedent against the petitioner, 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.

The I.A. is disposed of.

( S.K. Sahoo) Judge

I.A. No.275 of 2022

07. 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.

p                                          ( S.K. Sahoo)
                                               Judge

 // 4 //