Balaram Tulo vs State Of Odisha ..... /Opp. Party
2024 Latest Caselaw 10401 Ori

Orissa High Court

Balaram Tulo vs State Of Odisha ..... /Opp. Party on 24 June, 2024

Bench: S.K.Sahoo, Chittaranjan Dash

               IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.
                                 No.107 of 2019

         Balaram Tulo                      .....   Appellant/Petitioner
                                                            /Petitioner
                                                   Mr. Panchanan Panigrahi
                                                                 Panigrahi,
                                                   Advocate

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

                                                   Mr. Manoranjan Mishra
                                                                   Mishra,
                                                   Addl. Standing Counsel

                                     CORAM:
                  THE HON'BLE MR. JUSTICE S.K.SAHOO
             THE HON'BLE MR. JUSTICE CHITTARANJAN DASH

                                    ORDER

24.06.2024 Order No.

08. This is an application under Section 389 (1) of Cr.P.C. for grant of bail.

Heard.

Perused the impugned judgment. The appellant-petitioner appellant petitioner has been convicted for the offences punishable under section sections 302/376(1) /376(1) of the I.P.C. and section 3(2)(v) of tthe he S.C. & S.T. (PoA) Act and sentenced to undergo imprisonment for life for the offence under section 302 of the I.P.C., to undergo R.I. for a period of ten years for the offence under section 376(1) of the I.P.C. and to undergo R.I. for a period of seven years for the offence under section 3(2)(v) of the S.C. & S.T. (PoA) Act and the sentences were directed to run concurrently by the learned Sessions Judge

-cum- Special Judge, Rayagada vide judgment and order dated 06.12.2018 passed in C.T. Case No.18 No. of 2017.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 02.03.2017 and as such, he has remained in custody for more than seven years and therefore, the bail application of the petitioner may be fa favourably considered.

Learned counsel for the State opposed the prayer for bail and placed the evidence of P.W.2, P.W.3 and P.W.4.

The evidence of the doctor (P.W.12) indicates that there was sign of recent sexual intercourse and the cause of death to be asphyxia due to strangulation and though the case is based on circumstantial evidence, P.W.2, P.W.3 and P.W.4 stated that the deceased was last seen with the petitioner.

Considering the submissions made by the learned counsel for the respective parties and since it is a case of rape and murder and the deceased was last seen with the petitioner, we are not inclined to release the petitioner on bail.

The I.A. is disposed of accordingly.

( S.K. Sahoo) Judge

(Chittaranjan Dash) Dash Judge sipun

Designation: Senior Stenographer

Location: HIGH COURT OF ORISSA, CUTTACK Date: 25-Jun-2024 13:08:14