Dulal @ Dular Mallik vs State Of Odisha
2023 Latest Caselaw 15212 Ori

Orissa High Court

Dulal @ Dular Mallik vs State Of Odisha on 29 November, 2023

Author: S.K. Sahoo

Bench: S.K. Sahoo

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.287 of 2022

              Dulal @ Dular Mallik                ....     Appellant/
                                                         Petitioner

                                   Mr. Niranjan Panda, Advocate

                                      -versus-

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

                                   Mr. Sonak Mishra
                                   Addl. Standing Counsel
                                      CORAM:
                                 JUSTICE S.K. SAHOO
                                     ORDER

Order No.                          29.11.2023
                                  I.A. No.2203 of 2023
   08.            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.

Perused the impugned judgment.

The appellant-petitioner has been convicted for the offence punishable under section 304 Part-II of the Indian Penal Code (for short, 'I.P.C.') and sentenced to undergo rigorous imprisonment for a period of ten years by the learned Sessions Judge, Boudh vide judgment and order dated 11th February 2020 in Sessions Trial No.57 of 2017.

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Learned counsel for the petitioner submitted that the petitioner was earlier granted interim bail by this Court and after availing the same, he surrendered at right time and he has not misutilized his liberty while on interim bail. Learned counsel further submitted that there is no chance of early hearing of the appeal in the near future and balance of convenience is in his favour and therefore, the bail application may be favouraly considered.

Learned counsel for the State has produced the custody certificate of the petitioner which indicates that as on 03.11.2023, the petitioner has remained in judicial custody in connection with this case for seven years and two months out of ten years of substantive sentence imposed by the learned trial Court and opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced during trial, the sentence imposed by the learned trial Court, the period already undergone by the petitioner in judicial custody, the conduct of the petitioner in complying with the earlier interim bail order 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

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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 as the learned Court may deem just and proper.

The I.A. is disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

Sipun

Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 30-Nov-2023 16:23:42