Orissa High Court
Ranjan Kuanar vs State Of Odisha on 2 September, 2024
Bench: S.K. Sahoo, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.149 of 2015
Ranjan Kuanar .... Appellant/Petitioner
Ms.Agnisikha Ray, Advocate
-versus-
State of Odisha .... Respondent/Opp.Party
Mr. Rajesh Tripathy
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 02.09.2024
I.A. No. 1599 of 2024
09. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
This is an application under section 389 of Cr.P.C. for grant of bail.
The appellant-petitioner Ranjan Kuanar has been convicted under sections 302, 304-B, 498-A of the Indian Penal Code and under section 4 of the Dowry Prohibition Act, 1961 and sentenced to imprisonment for life and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo R.I. for one year for the offence under section 302 of the Indian Penal code, to undergo R.I. for ten years for the offence under section 304-B of the I.P.C., to undergo R.I. for two years and to pay a fine of Rs.5000/- (rupees five thousand), in default, to undergo R.I. for six months for the-offence under section 498-A of the I.P.C and to undergo R.I. for one year and // 2 // to pay a fine of Rs.3000/- (rupees three thousand), in default, to undergo R.I. for three months for the offence under section 4 of D.P. Act and all the sentences were directed to run concurrently by the learned Addl. Sessions Judge, Kuchinda vide judgment and order dated 22.12.2014 passed in S.T. Case No. 18 of 2012.
Learned counsel for the State has produced the custody certificate of the petitioner, which shows that the petitioner has undergone twelve years, seven months of substantive sentence. The custody certificate is taken on record.
Considering the submissions made by the learned counsel for the respective parties, since it is a case of bride burning and dying declaration evidence is available against the petitioner, while not inclining to release the petitioner on bail on merit, but taking into account the period of detention of the petitioner in judicial custody and absence of any chance of early hearing of the appeal in the near future as paper book has not yet been prepared and keeping in view the ratio laid down in the case of Leti @ Jayadeb Roy and another -Vrs.- The State reported in (1990) 3 Orissa Criminal Reports 427, we are inclined to release the petitioner on interim bail for a period of three months from the date of release and the petitioner shall surrender before the learned trial Court immediately on expiry of the three months period.
For the above period, let the appellant-petitioner be released on interim bail in the aforesaid case on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned trial Court subject to condition that shall not Page 2 of 3 // 3 // indulge in any criminal activities in any manner.
Violation of any of the conditions shall entail cancellation of interim bail.
Learned counsel for the State shall produce the report from the Inspector in-charge of Jamankira police station regarding the conduct of the petitioner while on interim bail.
The I.A. is disposed of accordingly.
Issue urgent certified copy as per Rules. A free copy of the order be handed over to the learned counsel for the State.
( S.K. Sahoo) Judge (Chittaranjan Dash) Judge CRLA No.149 of 2015
10. List this matter in the week commencing from 9th December 2024.
Learned counsel for the appellant shall produce the surrender certificate of the appellant by the next date.
( S.K. Sahoo) Judge (Chittaranjan Dash) PKSahoo Judge Signature Not Verified Digitally Signed Signed by: PRAMOD KUMAR SAHOO Designation: Secretary Reason: Authentication Location: HIGH COURT OF ORISSA Date: 03-Sep-2024 13:43:03 Page 3 of 3