Bichitra Das vs State Of Odisha
2023 Latest Caselaw 8834 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.722 of 2023

              Bichitra Das                          ....      Appellant/
                                                             Petitioner

                                   Mr. J. Samantaray, Advocate

                                         -versus-

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

                                   Mr. P.B. Tripathy
                                   Addl. Standing Counsel

                                   CORAM:
                              JUSTICE S.K. SAHOO
                                     ORDER

Order No.                          08.08.2023

                              I.A. No.1531 of 2023

   02.            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 section 304 Part II of the Indian Penal Code and sentenced to undergo R.I. for a period of seven years by the learned Additional Sessions Judge, Chatrapur (Circuit Court held at Hinjili) in S.T. No.210 of 2013.

Perused the impugned judgment.

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Learned counsel for the petitioner submitted that the petitioner faced trial for the commission of offences under sections 498(A)/302/406 of the Indian Penal Code and section 4 of the D.P. Act, however, the learned trial Court acquitted him of all the charges but found him guilty under section 304 Part II of the Indian Penal Code. Learned counsel further submitted that P.W.13 and P.W.14 are two eye witnesses to the occurrence and the doctor, who conducted post mortem examination, has been examined as P.W.11. Learned counsel further submitted that the petitioner was on bail during trial and there is no material on record to show that he has misutilised his liberty in any manner and in view of the material available on record, there are good chances of success in the appeal and balance of convenience is in favour of the petitioner and there is no likelihood for early hearing of the appeal and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for bail.

Perused the evidence of the two eye witnesses so also the doctor.

Considering the submissions of learned counsel for the respective parties, the nature of evidence adduced by the prosecution during trial, the fact that the petitioner was on bail during trial and there is no

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allegation of misutilization of his liberty while on bail and absence of any chance of early hearing of the appeal in the near future, the prayer for bail is allowed.

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 local solvent sureties each for the like amount to the satisfaction of the learned trial Court.

Accordingly, the I.A. is disposed of. Urgent certified copy of this order be granted as per rules.

( S.K. Sahoo) Judge

RKM

Signature Not Verified Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 09-Aug-2023 11:13:20