Abhisek Sharma vs State Of Odisha
2023 Latest Caselaw 8392 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.396 of 2023

              Abhisek Sharma                     ....     Appellant/
                                                        Petitioner

                                   Mr.S. Das, Advocate

                                     -versus-

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

                                   Mr. Arupananda Das
                                   Addl. Government Advocate

                                   CORAM:
                            JUSTICE S.K. SAHOO

                                   ORDER

Order No.                        01.08.2023
                            I.A. No. 864 of 2023

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

This is an application for bail.

The appellant-petitioner Abhisek Sharma has been convicted under sections 304 Part-I and 201 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), in default, to undergo rigorous imprisonment for a further period of six months for the offence under section 304 Part-I of the Indian Penal Code and to undergo rigorous imprisonment for a period of two years and to pay a fine // 2 //

of Rs.5,000/- (rupees five thousand) and in default, to undergo rigorous imprisonment for a further period of two months for the offence under section 201 of the Indian Penal Code and both the substantive sentences were directed to run concurrently by the learned Addl. Sessions Judge, Champua vide judgment and order dated 25.03.2023 in S.T. Case No. 48 of 2021.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody for last two years and though the petitioner was charged for the offences under section 304-B/498-A of the Indian Penal Code and section 4 of the D.P. Act, but he has been acquitted of such charges and similarly though he was charged under section 302 of the Indian Penal Code, but the learned trial Court found him guilty under sections 304 Part-I and also under section 201 of the Indian Penal Code though no charge was framed under section 201 of the Indian Penal Code. He further submitted that the materials available on record indicate that the bed room where the dead body was found, was locked from inside and the door was broke open and there she was found hanging from the ceiling of the asbestos roof as stated by P.W.14 and though the doctor being examined as P.W.7 has stated that it is a case of strangulation, but he has stated that there was no external injury except fracture of hyoid bone. It is further argued that the scientific team has not visited the spot and it is a doubtful feature whether it is a

// 3 //

case of suicide or strangulation and whether the autopsy has been conducted in a proper manner or not. It is 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 the doctor (P.W. 7) and also the I.O. (P.W.17), who has stated that there was breaking mark over the 'chhitkini' (lock) from inside.

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced during trial, the sentence imposed by the learned trial Court and absence of any chance of early hearing of the appeal in 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. Violation of any of the conditions shall entail cancellation of bail.

The I.A. is disposed of.

( S.K. Sahoo) Judge

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I.A. No. 863 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 order dated 25.03.2023 passed by the learned Addl. Sessions Judge, Champua in S.T. Case No. 48 of 2021 pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue certified copy as per rules.

( S.K. Sahoo) Judge

PKSahoo

Signature Not Verified Digitally Signed Signed by: PRAMOD KUMAR SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 02-Aug-2023 14:42:08