Orissa High Court
CRLA/376/2018 on 15 October, 2020
Author: S. K. Mishra
Bench: S. K. Mishra
CRLA No.376 of 2018
06 15.10.2020 I.A. No.924 of 2018
Heard Mr.B.S.Rayaguru, learned counsel for the
appellant/petitioner and Mr.A.N.Das, learned Additional
Government Advocate.
This is an application filed under Section 389 of
the Cr.P.C. by the appellant/ petitioner-Gobinda Sahoo
for grant of bail upon appeal.
The appellant/petitioner has been convicted and
sentenced to undergo imprisonment for life and to pay a
fine of Rs.10,000/-, in default of payment to undergo R.I.
for one year more under Section 302/34 of I.P.C., R.I. for
five years and in addition to pay a fine of Rs.3,000/-, in
default of payment to undergo R.I. for a period of four
months more under Section 201/34 I.P.C. and it was also
directed that both the substantive sentences of
imprisonment shall run concurrently by virtue of the
judgment of conviction and order of sentence dated
06.03.2018 passed by the learned Addl. Sessions Judge,
Bargarh in C.T. Case No.82/28 of 2015.
It reveals from the record that the
appellant/petitioner-Gobinda Sahoo was on bail during
course of trial and there is no allegation from the side of
the prosecution that the appellant/petitioner has mis-
utilised the liberty granted to him at the time of bail. It
also found that the materials available against the
appellant/petitioner is the last seen theory and discovery
of weapon of offence at the instance of the co-accused,
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i.e., Sanyashi Pradhan @ Padhan, who has been
convicted by the learned Addl. Sessions Judge, Bargarh.
Moreover, the appellant/petitioner is a
permanent resident of village-Podhpali, P.S.-Town
Bargarh in the district of Bargarh. Hence, there is no
reasonable apprehension that he will abscond from the
process of justice or misuse the liberty granted to him, if
he is released on bail.
Keeping in view of the aforesaid features, we are
inclined to grant bail to the appellant/petitioner upon
appeal and suspend the conviction and order of sentence.
Bichi Let the appellant/petitioner-Gobinda Sahoo be
released on bail on such terms and conditions as deemed
just and proper by the learned Addl. Sessions Judge,
Bargarh in the aforesaid case.
The I.A. is disposed of.
As period of COVID-19 is continuing, learned
counsel for the appellant/petitioner may utilize the soft
copy of this order available in the High Court's 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.
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