Sunil Lakra vs State Of Odisha
2023 Latest Caselaw 5674 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            JCRLA No.16 of 2023

              Sunil Lakra                     ....       Appellant/
                                                       Petitioner

                                Mr.D.K. Panda, Advocate

                                   -versus-

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

                                Mr. Arupananda Das
                                Addl. Government Advocate

                                 CORAM:
                            JUSTICE S.K. SAHOO

                                   ORDER

Order No.                       10.05.2023
                              I.A. No. 50 of 2023

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

The appellant-petitioner Sunil Lakra has been convicted under section 304 (Part-I) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of ten years by the learned Sessions Judge, Sundargarh in S.T. Case No. 100 of 2017.

Learned counsel for the petitioner submitted that out of ten years of substantive sentence imposed by the learned trial Court, the petitioner has almost undergone six years of sentence. He further submitted that though the petitioner faced trial for commission of the offence // 2 //

under section 302 of the Indian Penal Code, but the learned trial Court after analysing the evidence on record found both the petitioner and the deceased related to each other and before the occurrence, they had a quarrel followed by hot altercation between them. Learned counsel further submitted that there are no eye witnesses to the occurrence and in view of the materials available on record, absence of chance of early hearing of the appeal in the near future and balance of convenience is in his favour, 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 relevant part of the judgment.

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced during trial, the period of sentence imposed by the learned trial Court, 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, 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 with such terms and conditions

// 3 //

as the learned Court may deem just and proper. Violation of any of the conditions shall entail cancellation of bail.

The I.A. is disposed of.

Issue urgent certified copy as per Rules.

 PRAMOD   Digitally signed by
          PRAMOD KUMAR
 KUMAR    SAHOO                                                     ( S.K. Sahoo)
          Date: 2023.05.12
 SAHOO    11:15:26 +05'30'                                              Judge
PKSahoo