Bhadra @ Badara Attaka vs State Of Odisha
2023 Latest Caselaw 7179 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.461 of 2023

              Bhadra @ Badara Attaka              ....
                                                         Appellant/
                                                         Petitioner

                                   Ms. S. Pattnaik, 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
                             CRLA No.461 of 2023

   01.           This     matter     is   taken    up    through   Hybrid

arrangement (video conferencing/physical mode).

Heard.

Admit.

Call for the trial Court records.

( S.K. Sahoo) Judge

I.A. No. 1013 of 2023

02. This is an application for grant of bail.

The appellant-petitioner Bhadra @ Badara Attaka // 2 //

has been convicted under sections 147/304(I)/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.20,000/- (rupees twenty thousand), in default, to undergo further R.I. for a period of one year for the offences under sections 304(I)/149 of the Indian Penal Code and further sentenced to undergo R.I. for one year for the offences under sections 147/149 of the Indian Penal and both the sentences were directed to run concurrently by the learned Addl. Sessions Judge, Rayagada in C.T. Case No. 33 of 2019.

Learned counsel for the petitioner submits that the petitioner surrendered in the learned Court below on 19.07.2019 and he was released from custody on 17.12.2019 as per the orders of this Court dated 09.12.2019. Placing the evidence of P.W.1 Nandei Attaka, the widow of the deceased Bhimarao Attaka, it is argued that the co-accused Muna Attaka, who has also been convicted by the learned trial Court, preferred appeal bearing CRLA No. 346 of 2017 and vide order dated 20.04.2018, he has been released on bail and the petitioner is similarly situated. He further submits that 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.

// 3 //

Learned counsel for the State does not dispute that the evidence on record against the petitioner as well as Muna Attaka, appellant in CRLA No.346 of 2016 is also similar in nature.

Considering the submissions made by the learned counsel for the respective parties and after going through the evidence of the eye witness (P.W.1) and taking into account the period of detention of the petitioner in judicial custody 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 like amount to the satisfaction of the learned trial Court.

The I.A. is disposed of.

( S.K. Sahoo) Judge I.A. No.1014 of 2023

03. 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

// 4 //

fine amount imposed on the appellant-petitioner pursuant to the judgment and order dated 29.03.2023 passed by the learned Addl. Sessions Judge, Rayagada in C.T. Case No. 33 of 2019 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 13:15:26