Orissa High Court
Sashadhar Mandal @ vs State Of Odisha on 17 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 444 of 2020
Sashadhar Mandal @ .... Appellant/
Shashadhar Mandal Petitioner
Mr.A.R. Panda, 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. 847 of 2020
09. 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 376/306/506 of the Indian Penal Code and
sentenced to undergo rigorous imprisonment for a
period of ten years and to pay a fine of Rs.5,000/-
(rupees five thousand) and in default, to undergo
further rigorous imprisonment for a further period of
one year for the offence under section 376 of the Indian
Penal Code, to undergo rigorous imprisonment for a
period of five years and to pay a fine of Rs.2,000/-
(rupees two thousand) and in default, to undergo
further period of six months for the offence under
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section 306 of the Indian Penal Code and to undergo
rigorous imprisonment for a period of six months for the
offence under section 506 of the Indian Penal Code and
all the sentences were directed to run concurrently by
the learned 2nd Addl. Sessions Judge, Balasore vide
judgment dated 19th December, 2019 in Sessions Trial
Case No. 21/220 of 2017.
Learned counsel for the petitioner submitted that
the petitioner faced trial for commission of offences
punishable under sections 376/306/506 of the Indian
Penal Code and the maximum sentence imposed by the
learned trial Court is ten years and the petitioner was
granted bail by this Court during trial after remaining in
judicial custody for about five months and after
pronouncement of judgment on 19.12.2019, he is in
custody and as such he has undergone three years and
nine months of substantive sentence imposed by the
learned trial Court. Learned counsel further submitted
that the victim could not be examined on account of her
suicide. The case mainly rests on the dying declaration of
the deceased-victim which was recorded by the doctor
(P.W.7), who was working as Orthopedic Specialist at
District Headquarters Hospital, Balasore. Learned counsel
further submitted that the occurrence in question was
took place on 01.01.2017 and the deceased was
admitted in the hospital after sustaining burn injuries on
04.04.2017. Learned counsel further argued that though
as per the direction of the A.D.M.O., Balasore, the dying
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declaration was recorded by P.W.7 on 04.04.2017 but
neither the A.D.M.O., Balasore was examined nor the
requisition for any Magistrate was made to remain
present at the time of recording of the dying declaration
and neither the signature nor the L.T.I. of the deceased
was obtained in the dying declaration sheet (Ext.3) nor
any certificate has been given in Ext.3 that the contents
of the dying declaration was read over and explained to
the deceased. 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 in view of the delayed disclosure of the victim about
the occurrence even before her husband, there are good
chances of success in the appeal and therefore, the bail
application may be favouraly considered.
Learned counsel for the State, on the other hand,
opposed the prayer for bail and placed the evidence of
doctor (P.W.7) so also the evidence of P.W.8, the
husband of the deceased and P.W.5, the minor daughter
of the deceased.
Considering the submissions made by the learned
counsel for the respective parties, the nature of
evidence adduced during trial, substantive sentence
imposed by the learned trial court, the period already
undergone by the petitioner in judicial custody and
absence of any chance of early hearing of the appeal in
the near future, I am inclined to release the petitioner
on bail.
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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.848 of 2022
10. This is an application for stay of realization of fine.
Heard.
There shall be stay of realization of fine amount
imposed on the appellant-petitioner by the 2nd Addl.
Sessions Judge, Balasore vide judgment dated 19th
December, 2019 in Sessions Trial Case No. 21/220 of
2017 pending disposal of the criminal appeal.
The I.A. is disposed of.
Issue certified copy as per rules.
( S.K. Sahoo)
Judge
Sipun
