Orissa High Court
Surya Narayan Polei vs State Of Odisha on 28 August, 2024
Bench: D. Dash, V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1066 of 2023
Surya Narayan Polei ..... Appellant
Represented By Adv. -
Ramanikanta Pattnaik,
Bikash Chandra Parija
-versus-
State of Odisha ..... Respondent
Represented By Adv.
- Mr. P. K. Maharaj,
ASC
CORAM:
THE HON'BLE MR. JUSTICE D. DASH
AND
THE HON'BLE MR. JUSTICE V. NARASINGH
ORDER
28.08.2024 Order No. I.A No.1626 of 2024
10. 1. This matter is taken up by through hybrid arrangement (virtual/physical mode).
2. The Appellant, by filing this application, has prayed for suspension of further execution of sentence imposed upon him in S.T. No.01 of 2013, by the learned Additional Sessions Judge, Aska under section 389 Cr.P.C and his release on bail pending disposal of this Appeal.
3. Mr. R. K. Pattnaik, learned counsel for the Appellant submits that the prosecution case rests upon the circumstantial Page 1 of 4. evidence and although the Trial Court has indicated so many circumstances in the judgment, most of those do not stand as incriminating as against this Appellant. He further submits that the important circumstances projected against this Appellant is that the deceased and this accused left together and the seizure of his wearing apparels, which are said to have the nexus with the commission of the crime. His submission is that the evidence on the score of last seen theory, as piloted through P.Ws.24 & 27 are highly unsafe to be relied upon when viewed with their conduct and also the fact that the dead body has been recovered more than 24 hours from the time when the deceased and the accused and another (since dead) were last seen as they state. He also pointed out the discrepancy in the evidence of P.Ws.24 & 27, which according to him, are on material aspect of the case. He submits that the other co-accused, who is said to have accompanied this Appellant, is dead and four other accused persons, having faced the Trial, have been acquitted, which tells upon the veracity of the prosecution case. It is submitted that the Appellant, having been granted bail during Trial and also interim bail after conviction, has never misutilized the liberty and he too has no criminal antecedent.
In view of all these above, when there remains no scope on the part of the Appellant to flee from justice, he urges for grant of bail to the Appellant by suspending further execution of the sentence pending disposal of this Appeal.
Page 2 of 4.4. Learned counsel for the State, while opposing the move, submits that the evidence of P.Ws.24 & 27, being taken with the evidence as to the seizure of wearing apparels of the deceased having nexus with the commission of the crime, no case for grant of bail by way of suspension of further execution of sentence as against this Appellant is made out. He, however, does not refute the submission that the Appellant has no criminal antecedent and has not misutilised the liberty while on bail.
5. Taking into account the submissions made and on going through the judgment impugned in this Appeal as well as the evidence on record more particularly the evidence of P.Ws.24 & 27 and further keeping in view the surrounding circumstances as emanate therefrom as also the period of detention of the Appellant after the conviction, when there appears bleak chance of early disposal of this Appeal in view of pendency of old Appeals; this Court is inclined to direct that further execution of sentence imposed upon the Appellant in S.T. No.01 of 2013 passed by the learned Additional Sessions Judge, Aska shall remain suspended and the Appellant be released on bail pending disposal of this Appeal.
Accordingly, it is directed that the Appellant, namely, Surya Narayan Polei be released on bail pending disposal of this Appeal on such terms and conditions as deemed just and proper by the Trial Court and he shall positively surrender before the Trial Court as and when so required.
Page 3 of 4.6. The I.A. is accordingly disposed of.
Issue urgent certified copy of this order as per rules.
(D. Dash), Judge.
(V. Narasingh) Judge ORDER 28.08.2024 Order CRLA No.1066 of 2023 No.
11. 1. List this matter on 11.12.2024 for hearing.
(D. Dash), Judge.
(V. Narasingh) Judge Gitanjali Signature Not Verified Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 03-Sep-2024 17:41:33 Page 4 of 4.