Sambaru Parabhoi & Others vs State Of Odisha
2025 Latest Caselaw 4924 Ori

Orissa High Court

Sambaru Parabhoi & Others vs State Of Odisha on 12 March, 2025

Author: G. Satapathy

Bench: G. Satapathy

        IN THE HIGH COURT OF ORISSA AT CUTTACK
                      CRLA No.403 of 2024

    Sambaru Parabhoi & Others ...                                 Appellants
                                                   Mr. J. Panda, Advocate
                                     -versus-
    State of Odisha                          ...              Respondent
                                                   Mr. A.K. Apat, Addl. PP
                                 CORAM:
                          JUSTICE G. SATAPATHY
                               ORDER(ORAL)

12.03.2025 Order No.

04. I.A. No.863 of 2024

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. This is an application under Section 430 (1) & (2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, "BNSS") by the appellants-petitioners for grant of bail pending suspension of further execution of sentence till disposal of the appeal.

3. Heard Mr. Jnyananda Panda, learned counsel for the appellants-petitioners and Mr. A.K. Apat, learned Addl. Public Prosecutor in the matter and perused the record including the written objection to the bail petition.

4. It appears from the impugned judgment that the appellants-petitioners have been convicted for commission of offence punishable U/Ss.304 Part-II/323/34 of the IPC and the maximum substantive sentence as awarded to them is Rigorous Imprisonment (RI) for 10 years, but the appellants-

petitioners have already suffered custody period of near about 2 years and 10 months pre and post- conviction. This Court went through the evidence of material witnesses like PWs.1, 2, 10 and the medical evidence of PW.9.

5. In view of the above facts and after having considered the rival submissions and taking into account the grounds of challenge of the conviction keeping in view the impugned judgment and on going through the evidence of PWs.10 and that of the doctor-PW9, this Court admits each of the appellants- petitioners to bail by suspending execution of their sentence.

6. Accordingly, all the appellants-petitioners namely Sambaru Parabhoi, Basanta Parabhoi and Dutya Parabhoi be released on bail on such terms and conditions as deems fit and proper by the convicting Court.

7. Accordingly, the IA stands disposed of.

8. Since TCR is already available, Office is requested to prepare paper books and supply the same to the counsel for the parties in accordance with Rules.

9. List this matter on 8th July, 2025.

(G. Satapathy) Judge

S.Sasmal

Reason: Authentication Location: High Court of Orissa Date: 13-Mar-2025 10:51:03