Laxman Harijan vs State Of Odisha
2023 Latest Caselaw 2482 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.863 of 2022

              Laxman Harijan                         ....     Appellant/
                                                             Petitioner

                                    Mr. Jyotirmaya Sahoo, Advocate

                                          -versus-

              State of Odisha                        ....   Respondent/
                                                            Opp. Party

                                    Mr. Rajesh Tripathy,
                                    Addl. Standing Counsel

                                   CORAM:
                              JUSTICE S.K. SAHOO
                                      ORDER

Order No. 28.03.2023

I.A. No.1621 of 2022

07. 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 sections 376/306 of the Indian Penal Code and sentenced to undergo R.I. for a period of ten years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo further R.I. for a period of six months for the offence under section 376 of the Indian Penal Code and R.I. for a period of // 2 //

seven years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo further R.I. for a period of six months for the offence under section 306 of the Indian Penal Code and both the sentences were directed to run concurrently by the learned Additional Sessions Judge, Umerkote in C.T. No.92 of 2012.

Perused the impugned judgment.

Learned counsel for the petitioner submitted that the petitioner was on bail during trial and he has never misutilised his liberty. It is further submitted that though the victim is the informant in the case and relating to the occurrence that took place on 05.02.2012, she herself lodged the F.I.R. on 06.02.2012 and she was examined on the very day by P.W.3, the doctor but no sign and symptoms of sexual intercourse and no injury was noticed on her body. It is further submitted that ten days after the occurrence, the victim committed suicide and the doctor (P.W.4), who conducted post mortem examination has opined that the cause of death was asphyxia due to ante mortem hanging and mode of death was suicidal, however, there is no material against the petitioner to connect him in the offence under section 306 of the Indian Penal Code as there is absence of material that on account of incident dated 05.02.2012, the victim committed suicide on

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15.02.2012. Learned counsel further submitted that there are good chances of success in the appeal and balance of convenience is in favour of the petitioner and there is no chance of early hearing of appeal in the near future and therefore, the bail application of the petitioner 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.12, the mother of the deceased, who stated about the disclosure made by the deceased after the occurrence. He also placed the evidence of P.W.9, who stated that after the appellant was apprehended when he was asked, he confessed his guilt.

On the last date i.e. on 06.03.2023, the learned counsel for the State was asked to obtain instruction regarding criminal antecedents, if any, against the petitioner and today, he has produced the written instruction received from the Inspector in-charge of Umerkote police station that the petitioner is having no criminal antecedent. The written instruction is taken on record.

Considering the submissions of learned counsel for the respective parties, the nature of evidence 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

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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.

The I.A. is disposed of.

( S.K. Sahoo) Judge

I.A. No.1622 of 2022

08. 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