Orissa High Court
Rama Chandra Parida vs State Of Odisha on 21 November, 2024
Bench: S.K. Sahoo, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No.09 of 2022
Rama Chandra Parida
and others ..... Appellants/
Petitioners
Mr. Sushanta Kumar Das
Advocate
-versus-
State of Odisha ..... Respondent/
Opp. Party
Mr. Jateswar Nayak,
Addl. Govt. Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No. 21.11.2024
I.A. No.234 of 2024
10. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner and
learned counsel for the State.
This is an application under section 389 of Cr.P.C.
for grant of bail filed by the appellant-petitioner No.2
Ranjan Parida.
The appellant-petitioner no.2 Ranjan Parida along
with others has been convicted for the offences
punishable under sections 302/304-B/498-A/34 of the
Indian Penal Code (hereinafter 'the I.P.C.') read with
section 4 of the Dowry Prohibition Act and sentenced to
undergo rigorous imprisonment for life and to pay a fine
of Rs.5,000/- (rupees five thousand), in default, to
undergo rigorous imprisonment for a period of one year
for the offence under section 302/34 of the I.P.C., to
undergo R.I. for ten years for the offence under section
304-B/34 of the I.P.C., to undergo R.I. for a period of
three years and to pay a fine of Rs.1,000/- (rupees one
thousand), in default to undergo R.I. for a period of
three months for the offence under section 498-A/34 of
the I.P.C. and to undergo R.I. for six months for the
offence under section 4 of the Dowry Prohibition Act and
all the offences were directed to run concurrently by the
learned 3rd Addl. Sessions Judge, Cuttack vide judgment
and order dated 17.12.2021 passed in Sessions Trial
Case No.141 of 2016.
Learned counsel for the appellant/petitioner
submitted that the petitioner was taken into judicial
custody in connection with this case on 06.03.2015 and
he was neither released on bail during trial nor by this
Court during pendency of the appeal. Learned counsel
further submitted that the co-accused persons are the
parents-in-law of the deceased Ruby Parida, who have
already been directed to be released on bail by this
Court as per order dated 15.07.2024 in I.A. No.10 of
2024 and 01.10.2024 in I.A. No. 190 of 2024. Learned
counsel further submitted that the case is based on
dying declaration of the deceased which was recorded
by the Executive Magistrate (P.W.18) and since there
are good chances of success in the appeal and taking
into account the period of detention of the petitioner in
judicial custody, the bail application may be favourably
considered.
Learned counsel for the State, on the other hand,
opposed the prayer for bail and submitted that the
petitioner is the husband of the deceased and the
occurrence took place within nine months of marriage
and the deceased in her dying declaration stated against
the petitioner and other in-laws before the P.Ws. 18 and
19 and the evidence of P.W.14 indicates that the
deceased has sustained 50% of burn injuries and the
cause of death has been opined due to burn injuries and
its complications.
Considering the submissions made by the learned
counsel for the respective parties, the nature of
evidence adduced during trial and particularly the
evidence relating to the dying declaration and even
though the co-accused persons, who are parents-in-law
of the deceased, have been directed to be released on
bail and considering the period of detention of the
petitioner in judicial custody, i.e. more than nine years
and seven months, we are inclined to release him on
interim bail for a period of three months from the date
of release. The petitioner shall immediately surrender
before the learned Court below on expiry of the said
three months period.
For the above period, let the petitioner be released
on interim bail to the satisfaction of the learned trial
Court in connection with the aforesaid case on
furnishing bail bond of Rs.20,000/-(rupees twenty
thousand) with one local solvent surety each for the like
amount to the satisfaction of the learned Court in seisin
over the matter including the condition that he shall not
indulge in any criminal activities while on interim bail.
Violation of any of the condition shall entail
cancellation of bail.
The I.A. is disposed of accordingly.
( S.K. Sahoo)
Judge
(Chittaranjan Dash)
Judge
11. List this matter in the week commencing from
03.03.2025.
Learned counsel for appellant shall file the surrender
certificate of appellant by the next date.
( S.K. Sahoo)
Judge
(Chittaranjan Dash)
Judge
Rajesh
Location: HIGH COURT OF ORISSA, CUTTACK
