Orissa High Court
JCRLA/8/2018 on 3 December, 2020
Author: S. K. Mishra
Bench: S. K. Mishra
JCRLA No.8 of 2018
05. 03.12.2020 I.A. No.48 of 2018
This matter is taken up through Video Conferencing
because of COVID-19 pandemic.
Heard Mr. J. Kamila, learned counsel for the
petitioners/ appellants and Mr. G. N. Rout, learned Additional
Standing Counsel for the State.
This I.A. has been filed under Section 389 of the
Cr.P.C. by the petitioners/ appellants- Jharana Sahani and
Sarbeswar Naik for grant of bail upon appeal and suspension of
sentence.
In this case, the petitioners/ appellants have been
convicted and sentenced to undergo imprisonment for life each
for the offence under Section 302/34 of the I.P.C. vide the
judgment of conviction and order of sentence dated 26.10.2017
passed by the learned Sessions Judge, Kandhamal, Phulbani in
Sessions Trial No.118 of 2016.
Admittedly, there is no eye witness to the occurrence
alleged to have been committed by the petitioners/ appellants
in conspiracy with the acquitted accused-Jagadish Behera.
From the circumstances appearing in this case, we are of the
view that the learned Sessions Judge, Kandhamal, Phulbani
has taken a wrong presumption against the petitioners/
appellants and has come to an erroneous conclusion. Moreover,
the petitioner/ appellant no.1 is a permanent resident of
village Padarsahi, P.S.- Phulbani Sadar, District- Kandhamal
and petitioner/ appellant no.2 is a permanent resident of
village Jarakapada, P.S.- Phiringia, District- Kandhamal.
Hence, there is no reasonable apprehension of their
abscondance from the process of justice, if released on bail.
2
In that view of the matter, we allow the application of
the petitioners/ appellants for grant of bail upon appeal and
suspension of sentence.
Let the petitioners/ appellants- Jharana Sahani and
Sarbeswar Naik be released on bail on such terms and
conditions as deemed just and proper by the learned Sessions
Judge, Kandhamal, Phulbani in the aforesaid case.
The I.A. is disposed of accordingly.
As restrictions are continuing due to COVID-19
pandemic, learned counsel for the parties may utilize the soft
copy of this order available in the High Court's official website
or print out thereof at par with certified copies in the manner
prescribed, vide Court's Notice No.4587, dated 25.03.2020.
.............................
S. K. Mishra, J.
................................ Savitri Ratho, J. BJ