Dhadu @ Rama Chandra vs State Of Odisha
2023 Latest Caselaw 5029 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.361 of 2021

              Dhadu @ Rama Chandra              ....        Appellant/
              Mohapatra                                    Petitioner

                                  Mr. B.C. Ghadei, Advocate

                                     -versus-

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

                                  Mr. Manoranjan Mishra,
                                  Addl. Standing Counsel

                                   CORAM:
                              JUSTICE S.K. SAHOO
                                   ORDER

Order No.                        03.05.2023

                              I.A. No.111 of 2023

16. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Learned counsel for the appellant-petitioner submits that he does not want to press this interim application.

Accordingly, the I.A. stands disposed of as not pressed.

( S.K. Sahoo) Judge

CRLA No.361 of 2021

17. Learned counsel for the appellant files the copies of two bail orders and an acquittal order in support of his // 2 //

contention stand taken in the comprehensive affidavit filed by the father of the appellant, which are taken on record. Copies of the same have been supplied to the learned counsel for the State.

( S.K. Sahoo) Judge

I.A. No.676 of 2021

18. This is an application under Section 389 of Cr.P.C.

for grant of bail.

Heard.

The appellant-petitioner has been convicted under sections 326/458/34 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 further undergo R.I. for a period of two months for the offence under section 326 of the Indian Penal Code and R.I. for a period of five years and to pay a fine of Rs.1,000/- (rupees one thousand), in default, to further undergo R.I. for a period of one month for the offence under section 458 of the Indian Penal Code and both the substantive sentences were directed to run concurrently by the learned Chief Judicial Magistrate -cum- Assistant Sessions Judge, Puri in S.T. Case No.87/334 of 2014.

Perused the impugned judgment.

Learned counsel for the appellant-petitioner submitted that the petitioner was taken on remand in this case on 12.04.2014 and he was never released on bail during pendency of the trial and thus, out of ten years of

// 3 //

substantive sentence imposed by the learned trial Court, the petitioner has already undergone nine years. Learned counsel further submitted that P.W.8 is the injured in this case and he has not attributed specific overt act against the petitioner and since there is no chance of early hearing of appeal in the near future and balance of convenience is in favour of the petitioner, 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.W.8 and the doctor (P.W.19), who stated to have noticed number of incised wounds on different parts of the body of P.W.8 and further stated that P.W.8 was referred to S.C.B. Medical College and Hospital, Cuttack. Learned counsel for the State submitted that there are also numbers of criminal antecedents against the petitioner and therefore, he should not be released on bail.

Perused the comprehensive affidavit filed by the petitioner on 03.04.2023 and also the copies of the bail orders and judgment of acquittal.

Considering the submissions of learned counsel for the respective parties, the nature of evidence adduced by the prosecution during the trial, the period already undergone by the petitioner in judicial custody 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

// 4 //

sureties each for the like amount to the satisfaction of the learned trial Court with further condition that the petitioner shall appear before the Inspector in-charge of Chandanpur police station once in a week on first Sunday of each month in between 10.00 a.m. to 4.00 p.m. for a period of three months.

Violation of any of the conditions shall entail cancellation of bail.

Accordingly, the I.A. is disposed of.

( S.K. Sahoo) Judge

I.A. No.869 of 2021

19. 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 as per rules.

( S.K. Sahoo) Judge

RKM

RABINDR Digitally signed by RABINDRA A KUMAR KUMAR MISHRA Date: 2023.05.05 MISHRA 13:04:42 +05'30'