Dusmanta Kalo vs State Of Odisha
2023 Latest Caselaw 11411 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.330 of 2023

              Dusmanta Kalo                    ....    Appellant/
                                                     Petitioner

                                 Mr. Sudipto Panda, Advocate

                                    -versus-

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

                                 Mr. Arupananda Das
                                 Addl. Govt. Advocate
                                   CORAM:
                             JUSTICE S.K. SAHOO

                                   ORDER

Order No.                        18.09.2023
                              I.A. No.710 of 2023

04. This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

Heard Mr. Sudipto Panda, learned counsel for the petitioner and Mr. Arupananda Das, learned Addl. Govt. Advocate for the State.

This is an application under section 389 of Cr.P.C. for grant of bail.

The appellant-petitioner has been convicted for the offence punishable under section 304 Part-I of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.5,000/- (rupees five thousand) and in default, to // 2 //

undergo rigorous imprisonment for a further period of three months by the learned Sessions Judge, Sundargarh vide judgment and order dated 16th March 2023 & 17th March 2023 respectively in S.T. Case No.31 of 2017.

Learned counsel for the petitioner submitted that out of ten years of substantive sentence imposed by the learned trial Court on the petitioner for his conviction under section 304 Part-I of the Indian Penal Code, he has already undergone seven years of sentence. Learned counsel placed the evidence of three eye witnesses i.e. P.W.1, the informant, who is the brother of the petitioner, P.W.15, the wife of P.W.1 and P.W.28, another brother of the petitioner and submitted that though the witnesses stated that the petitioner pierced the sickle on different parts of the body of the deceased, but the doctor (P.W.26), who conducted the post mortem examination, has not found any corresponding injury and therefore, the evidence of the eye witnesses cannot be accepted in its entirety. Learned counsel further submitted that the petitioner has got a fair chance of success in the appeal and balance of convenience lies in his favour 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 the doctor (P.W.26).

// 3 //

Considering the submissions made by the learned counsel for the respective parties, nature of evidence adduced by the prosecution during 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, 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 as the learned Court may deem just and proper with further condition that he shall not indulge in any criminal activities.

The I.A. is disposed of.

( S.K. Sahoo) Judge

I.A. No.711 of 2023

05. This is an application for stay of realization of fine.

Heard.

There shall be stay of realization of fine amount imposed on the appellant-petitioner pursuant to the judgment and order dated 16th March 2023 & 17th March 2023 respectively passed by the learned Sessions Judge,

// 4 //

Sundargarh in S.T. Case No.31 of 2017 pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue certified copy as per rules.

( S.K. Sahoo) Judge

sipun

Signature Not Verified

Signed by: SIPUN BEHERA Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 21-Sep-2023 18:03:03