Orissa High Court
Tuba @ Sadasiba Pradhan vs State Of Odisha on 3 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.527 of 2023
Tuba @ Sadasiba Pradhan ....
Appellant/
Petitioner
Mr.B. Pujari, Advocate
-versus-
State of Odisha .... Respondent/
Opp.Party
Mr.S.S. Mohapatra
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 03.07.2023
I.A. No. 1166 of 2023
03. This is an application for grant of bail.
The appellant-petitioner Tuba @ Sadasiba Pradhan has
been convicted under sections 304-B/ 498-A of the Indian
Penal Code and section 4 of the D.P. Act and sentenced to
undergo rigorous imprisonment for a period of ten years for
the offence under section 304-B of the Indian Penal Code and
to undergo rigorous for a period of one year and to pay a fine
of Rs.2,000/- (rupees two thousand) for the offence under
section 498-A of the Indian Penal Code and to undergo
rigorous imprisonment for a period of six months and to pay a
fine of Rs.1,000/- (rupees one thousand) for the offence
under section 4 of the D.P. Act and all the sentences were
directed to run concurrently by the learned 2nd Addl. Sessions
Judge, Puri in S.T. Case No. 38/502 of 2013.
// 2 //
Learned counsel for the petitioner submits that the
petitioner is the husband of the deceased Sasmita Pradhan
and their marriage was solemnized on 13.03.2012 and the
deceased died on 17.05.2017 and the cause of death as per
the post mortem report was due to shock and asphyxia
resulting from ante mortem hanging and the nature of death
might be suicidal and the evidence against the petitioner as
well as his father Bhobana Pradhan is almost identical and are
omnibus manner and it is stated that there was demand of
dowry and torture on the deceased. However, the father of
the petitioner has been acquitted by the learned trial Court
and in absence of any specific material against the petitioner,
the conviction of the petitioner was not proper and justified
and there are good chance of success in the appeal, there is
no chance of early hearing of the appeal in the near future
and balance of convenience is in his favour and therefore, he
may be granted bail.
Learned counsel for the State opposed the prayer for
bail and placed the evidence of P.W.1 and P.W.4 so also the
evidence of the doctors, who conducted the post mortem
examination.
Considering the submissions made by the learned
counsel for the respective parties, nature of evidence adduced
during trial, the fact that the petitioner was on bail during trial
and there is no material that he misutilized his liberty in any
manner and absence of 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
// 3 //
like amount to the satisfaction of the learned trial Court.
The I.A. is disposed of.
( S.K. Sahoo)
Judge
I.A. No.1167 of 2023
04. This is an application for stay of realization of fine.
Heard.
Considering the submissions made by the learned counsel
for the parties, let there be stay of realization of fine amount
imposed on the appellant-petitioner pursuant to the judgment
and order dated 25.03.2023 passed by the learned 2nd Addl.
Sessions Judge, Puri in S.T. Case No. 38/502 of 2013 pending
disposal of the criminal appeal.
The I.A. is disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
PKSahoo
Signature Not Verified
Digitally Signed
Signed by: PRAMOD KUMAR SAHOO
Designation: Secretary
Reason: Authentication
Location: High Court of Orissa
Date: 04-Jul-2023 13:15:27
