Anil @ Biswajit vs State Of Odisha
2023 Latest Caselaw 5134 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No. 504 of 2022

              Anil @ Biswajit                       ....      Appellant/
              Dalsinghray                                    Petitioner

                                   Mr. B.S. Dasparida Advocate

                                         -versus-

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

                                   Mr. Priyabrata Tripathy,
                                   Addl. Standing Counsel

                                   CORAM:
                              JUSTICE S.K. SAHOO
                                     ORDER

Order No. 04.05.2023

I.A. No.959 of 2022

02. 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 307/326/34 of the Indian Penal Code and sentenced to undergo R.I. for a period of nine years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to further undergo R.I. for a period of six months for the offence under section 307/34 of the Indian Penal Code and R.I. for a period // 2 //

of five years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to further undergo R.I. for a period of three months for the offence under section 326/34 of the Indian Penal Code and both the substantive sentences were directed to run consecutively by the learned Assistant Sessions Judge (Women's Court), Jagatsinghpur in C.T. No.62 of 2018 (Comp. 282 of 2018).

Perused the impugned judgment. Learned counsel for the appellant-petitioner submitted that the petitioner is in judicial custody since 26.11.2017 and the victim (P.W.3) has attributed specific overt act against the co-accused Santosh Kumar Bedant @ Bapi and except the evidence that the petitioner accompanied the said co- accused to the spot, there is no other material against the petitioner. He further submitted that 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 the victim (P.W.3) and an eye witness (P.W.7) and the doctor (P.W.16).

Considering the submissions of learned counsel for the respective parties, the nature of evidence adduced during the trial and since the specific overt

// 3 //

act has been attributed against the co-accused Santosh Kumar Bedant @ Bapi and 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 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.960 of 2022

03. 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

RABINDRA Digitally signed by RABINDRA KUMAR KUMAR MISHRA Date: 2023.05.06