Sunil Mahato And Another vs State Of Odisha
2025 Latest Caselaw 2243 Ori

Orissa High Court

Sunil Mahato And Another vs State Of Odisha on 8 January, 2025

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                CRLA No. 749 of 2017
            Sunil Mahato and another                   ....         Appellants
                                              Ms. Saswata Patnaik, Advocate
                                         -versus-
            State of Odisha                            ....       Respondent
                                 Mr. S.B. Panda, Addl. Government Advocate

                                    CORAM:
                          HON'BLE THE CHIEF JUSTICE
                      HON'BLE MISS JUSTICE SAVITRI RATHO
                                         ORDER

Order No.                               08.01.2025
  14.       I.A. No.3217 of 2024

This matter is taken up through Hybrid mode.

2. This application has been filed under Section 389(1) of the Code of Criminal Procedure, 1973 for suspension of sentence and release of appellant No.1- Sunil Mahato on bail, pending consideration of the present appeal.

3. The appellants have been convicted of the offences punishable under Sections 302 read with Section 34 of the Indian Penal Code (IPC) and sentenced to imprisonment for life by a judgment dated 19.04.2017 passed by the learned Additional Sessions Judge, Rourkela in S.T. Case No.165 of 2015.

4. Heard Ms. Saswata Patnaik, learned counsel appearing on behalf of appellant No.1 and Mr. S.B. Panda, learned Additional Government Advocate representing the State-respondent.

5. On an application filed on behalf of appellant No.2, he has been granted bail upon suspension of sentence during the pendency of

the appeal and the prayer made by appellant No.1 for suspension of sentence was not pressed.

6. Ms. Patnaik, learned counsel appearing on behalf of appellant No.1 has submitted that appellant No.1 has remained in custody in connection with the said case for more than 9 years and 6 months. She further submits that the conviction is based on the evidence of solitary eye witness (PW-1) and there is evidence of only one blow made on the occipital region.

7. Be that as it may, considering the circumstance that appellant No.1 has remained in custody for more than nine and half years and as there is no likelihood of this appeal being taken up for final hearing in the near future, a case is made out for suspension of sentence and release of appellant No.1 on bail.

8. Let appellant No.1- Sunil Mahato be released on bail, pending considering the appeal, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two solvent sureties for the like amount each to the satisfaction of the learned Additional Sessions Judge, Rourkela in connection with Raibag P.S. Case No.28 of 2015 corresponding to S.T. Case No.165 of 2015 subject to the conditions as the learned Court below may deem just and proper.

9. The application stands disposed of accordingly.

(Chakradhari Sharan Singh) Chief Justice

(Savitri Ratho) Judge

A. Nanda

Designation: Junior Stenographer

Location: High Court of Orissa, Cuttack Date: 09-Jan-2025 11:18:32