Orissa High Court
Jalandhar Karkara vs State Of Odisha on 4 December, 2023
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.633 of 2023
Jalandhar Karkara .... Appellant/
Petitioner
Mr. M.K. Chand, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. P.B. Tripathy,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 04.12.2023
I.A. No.2217 of 2023
04. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard.
This is an application under section 389 of Cr.P.C.
for grant of bail.
Perused the impugned judgment.
The appellant-petitioner Jalandhar Karkara has
been convicted for the offences punishable under
sections 498-A and 304-B of the Indian Penal Code
and section 4 of the Dowry Prohibition Act sentenced
to undergo rigorous imprisonment for a period of ten
years for the offence under section 304-B of the
Indian Penal Code, to undergo rigorous imprisonment
for a period of three years and to pay a fine of
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Rs.10,000/- (rupees ten thousand), in default, to
undergo rigorous imprisonment for a further period of
six months for the offence under section 498-A of the
Indian Penal Code and to undergo rigorous
imprisonment for a period of two 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 4 of the
Dowry Prohibition Act and all the substantive
sentences were directed to run concurrently by the
learned Addl. Sessions Judge, Dharamgarh, Kalahandi
vide judgment and order dated 18th May 2023 passed
in C.T. Case No.18 of 2014 (Sessions).
Learned counsel for the petitioner submitted that
that the petitioner is the husband of the deceased
Subasini and their marriage was love marriage which
was solemnized ten months prior to the date of
occurrence (31.10.2013) and in the absence of the
petitioner in his house, the deceased consumed
poison and the post mortem indicates that there was
no external injury noticed on the body of the
deceased and the death was suicidal in nature as
deposed to by the doctors P.W.12 and P.W.15.
Learned counsel further submitted that the appellant
was taken into judicial custody in connection with this
case on 04.11.2013 and he was released on bail on
02.09.2014 and after pronouncement of the judgment
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on 18.05.2023, he was again taken into judicial
custody and the appellant has got a very good
chances of success in the appeal and there is no
chance of early hearing of the appeal in the near
future and balance of convenience is in his favour and
therefore, the bail application may be favourably
considered.
Learned counsel for the State, on the other
hand, opposed the prayer for bail and placed the
evidence of P.W.2, the mother of the deceased who
stated about the dying declaration made by the
deceased regarding consumption of poison.
Considering the submissions made by the
learned counsel for the respective parties, the nature
of evidence adduced during trial, the surrounding
circumstances under which the deceased consumed
poison, the fact that the petitioner was on bail during
trial and there is no material on record to indicate that
he has misutilized his liberty 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
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and proper.
Violation of any of the conditions shall entail
cancellation of bail.
The I.A. is disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
sipun
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 05-Dec-2023 17:31:48
