Orissa High Court
Sahadev Harijan vs State Of Odisha on 6 March, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.846 of 2022
Sahadev Harijan .... Appellant/
Petitioner
Mr. T.K. Mishra, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. P.B. Tripathy
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
06.03.2023
I.A. No.1592 of 2022
03. 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
and to pay a fine of Rs.25,000/- (rupees twenty five
thousand), in default of payment of fine, to undergo
R.I. for a period one year by the learned Additional
Sessions Judge -cum- Special Judge, Jeypore in C.T.
// 2 //
Case No.98 of 2015.
Perused the impugned judgment.
Learned counsel for the petitioner submitted that
the petitioner is related to the deceased and the
unfortunate incident took place while the petitioner
was playing cricket and the deceased took the cattle
across the field where the cricket was being played to
which the petitioner resisted and dealt a blow on the
head of the deceased with the cricket bat for which
the deceased sustained injury and removed to the
hospital where he succumbed to the injury. Learned
counsel further submitted that while on bail during
trial, there is no accusation of misutilization of liberty
by the petitioner and except P.Ws.2 and 3, the widow
and daughter of the deceased Dumar Harijan
respectively, no other witnesses have supported the
prosecution case and the doctor (P.W.1), who
conducted post mortem examination noticed only one
injury on the head of the deceased and there is no
chance of early hearing of appeal in the near future
and balance of convenience is in favour of the
petitioner and therefore, the bail application of the
petitioner may be favourably considered.
Learned counsel for the State opposed the prayer
for bail and placed the evidence of P.Ws.1, 2 and 3.
Considering the submissions of learned counsel
for the respective parties, the nature of evidence
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adduced by the prosecution during trial, the fact that
the petitioner was on bail during trial and there is no
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.
( S.K. Sahoo)
Judge
I.A. No.1593 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.
Urgent certified copy of this order be granted on
proper application.
( S.K. Sahoo)
Judge
RKM
