Ghasiram Khalpadia @ vs State Of Odisha
2023 Latest Caselaw 3567 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.36 of 2023

              Ghasiram Khalpadia @              ....   Appellant/
              Khora                                  Petitioner

                                 Mr.Sk. Zafrulla, Advocate

                                     -versus-

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

                                 Mr.Rajesh Tripathy,
                                 Addl. Standing Counsel

                                 CORAM:
                           JUSTICE S.K. SAHOO

                                   ORDER

Order No.                        17.04.2023
                            I.A. No.75 of 2023

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

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application for bail.

The appellant-petitioner has been convicted for the offence punishable under section 304 Part-II 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 rigorous imprisonment for a further period of // 2 //

six months by the learned Addl. Sessions Judge, Koraput vide judgment and order dated 30th November 2022 in C.T. Case No.15 of 2018.

Learned counsel for the petitioner submitted that the petitioner was taken into judicial custody in connection with this case since 22.08.2017 and as such, out of ten years of substantive sentence imposed by the learned trial Court, he has already undergone almost five years and eight months of substantive sentence and it is a case based on circumstantial evidence and the main circumstances are the extra judicial confession, last seen and recovery of weapon of offence at the instance of the petitioner. Learned counsel further submitted that the petitioner has got a fair chance of success in the appeal 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.Ws.2, 4 & 7 respectively.

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

// 3 //

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.

The I.A. is disposed of.

( S.K. Sahoo) Judge

I.A. No. 76 of 2023

03. 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 pursuant to the judgment and order dated 30th November 2022 passed by the learned Addl. Sessions Judge, Koraput in C.T. Case No.15 of 2018 pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue certified copy as per rules.

( S.K. Sahoo) Judge

Sipun