Dinabandhu Jamugochhia vs State Of Odisha
2023 Latest Caselaw 1279 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No. 802 of 2022

              Dinabandhu Jamugochhia            ....   Appellant

                                  Sk. Zafarulla, Advocate

                                     -versus-

              State of Odisha                   ....   Respondent

                                  Mr. Arupananda Das,
                                  Addl. Government Advocate

                                   CORAM:
                             JUSTICE S.K. SAHOO

                                    ORDER

Order No.                         07.02.2023

                             I.A. No. 1524 of 2022

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

This is an application under section 389 Cr.P.C. for grant of bail.

The appellant-petitioner has been convicted under section 304-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.5000/- (rupees five thousand), in default of payment of fine, to undergo R.I. for a period of one year more by the learned Addl. Sessions Judge, Koraput vide judgment and order dated in C.T. Case No. 127 of 2015.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 17.10.2015 and he // 2 //

has already undergone seven years and three months of substantive sentence, out of ten years of substantive sentence imposed on him by the learned trial Court. It is further submitted that there is no chance of early hearing of the appeal in the near future and balance of convenience lies in his favour and 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.W.6, the widow of the deceased who is an eye witness to the occurrence and the evidence of P.W.1, the doctor who conducted the post mortem examination.

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced by the prosecution during trial, the substantive sentence imposed by the learned trial Court, the period of sentence already undergone by the petitioner 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 including the conditions that the petitioner shall not indulge in any criminal activities. Violation of any of the conditions shall

// 3 //

entail cancellation of bail.

The I.A. is disposed of.

( S.K. Sahoo) Judge

I.A. No.1525 of 2022

04. Heard.

There shall be stay of realization of fine amount imposed by the learned trial Court on the appellant- petitioner till disposal of the criminal appeal.

The I.A. is disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

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