Chhotrai Dehuri vs State Of Odisha
2024 Latest Caselaw 16483 Ori

Orissa High Court

Chhotrai Dehuri vs State Of Odisha on 11 November, 2024

Bench: K.R. Mohapatra, V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   CRLA No. 476 of 2023

             Chhotrai Dehuri                    ....                   Appellant
                                                         Mr. S.K. Pal, Advocate

                                         -versus-

             State of Odisha                    ....                 Respondent

                                                          Mr. P.K. Sahoo, ASC

                               CORAM:
                               Mr. JUSTICE K.R. MOHAPATRA
                               Mr. JUSTICE V. NARASINGH
                                       ORDER

11.11.2024 I.A. No.1050 of 2023 Order No.

08. 1. This matter is taken up through hybrid mode.

2. This is an application under Section 389 of Cr.P.C. to release the Appellant-Petitioner on bail.

3. The Appellant-Petitioner has been convicted for commission of offence under Section 302 IPC and has been sentenced to undergo imprisonment for life vide judgment dated 05.11.2022 passed by the learned Additional Sessions Judge, Rairangpur in Sessions Trial No.07 of 2021. The Appellant- Petitioner is in custody since 02.11.2020.

4. Mr. Pal, learned counsel for the Appellant-Petitioner submits that there are eyewitnesses namely, P.Ws.2 & 4 to the occurrence but their testimony is not believable to convict the

Appellant-Petitioner under Section 302 IPC. The occurrence took place in a dark night and the wife of the deceased namely, P.W.2 categorically admitted in her cross-examination that there was no electricity supply to the village and she did not have a torch light in her hand. There are also other discrepancies in the prosecution case for which there is every likelihood that the Appellant- Petitioner may be acquitted. Hence, he prays for release of the Appellant-Petitioner on bail.

5. Mr. Sahoo, learned Additional Standing Counsel vehemently opposes such submission. It is his contention that on a cogent analysis of the evidence on record, learned Trial Court has convicted the Appellant-Petitioner under Section 302 IPC. Hence, he opposes the prayer for grant of bail.

6. Considering the submissions made by the learned counsel for the parties and on perusal of the record and on close scrutiny of the evidence on record vis-à-vis the judgment, this Court prima facie finds that there are discrepancies in the evidence of P.Ws.2 & 4. The Appellant-Petitioner is in custody since 02.11.2020. Chance of early hearing of this Appeal is bleak. Hence, we are inclined to direct suspension of further execution of sentence of the Appellant-Petitioner. Accordingly, we direct that Appellant-Petitioner be released on bail on such terms and conditions as deemed just and proper by the learned Additional Sessions Judge, Rairangpur in Sessions Trial No.07 of 2021 pending disposal of this Appeal with further condition that Appellant-Petitioner shall surrender as and when so directed.

7. The I.A. is accordingly disposed of.

(K.R. Mohapatra) Judge

(V. Narasingh) Judge

Order No.

09. 1. List this matter on 27.03.2025 for hearing.

2. Paper book be prepared in the meantime.

(K.R. Mohapatra) Judge

(V. Narasingh) Judge Ayesha

Designation: Junior Stenographer

Location: High Court of Orissa Date: 13-Nov-2024 10:33:08