Orissa High Court
Susanta Behera vs State Of Odisha on 14 November, 2024
Bench: S.K. Sahoo, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 284 of 2024
Susanta Behera .... Appellant
Mr. Tapas Kumar Acharya, Advocate
-versus-
State of Odisha .... Respondent
Mr. Aurobinda Mohanty, ASC
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No. 14.11.2024
05. I.A. No.602 of 2024
1. This matter is taken up through Hybrid arrangement (video conferencing/Physical mode).
2. Heard the learned counsel for the Parties.
3. This is an application for bail under Section 389 of the Cr.P.C.
4. The Appellant-Petitioner has been convicted under Sections 302/201/34 of the Indian Penal Code and under Sections 25(I-A)/27(2) of the Arms Act, sentence of imprisonment for life and to pay a fine of Rs.10,000/- in Page 1 of 2 default of payment of fine to undergo further four months rigorous imprisonment for the offence U/s.302/34 of Indian Penal Code, to undergo R.I. for a term of seven years and also to pay a fine of Rs.3,000/-, in default of payment of fine to undergo further two months rigorous imprisonment for the offence under Section 201/34 of Indian Penal Code, to undergo R.I. for a term of five years and also to pay a fine of Rs.5,000/-, in default of payment of fine to undergo further three months rigorous imprisonment for the offence under Section 25 (I-A) of the Arms Act and to undergo R.I. for a term of seven years and also to pay a fine of Rs.5,000/-, in default of payment of fine to undergo further three months rigorous imprisonment for the offence under Section 27(2) of the Arms Act by the learned Addl. Sessions Judge, Aska vide judgment and order dated 15.11.2023 passed in S.T. Case No.43 of 2013.
5. Learned counsel for the Petitioner submitted that the Petitioner was taken into judicial custody on 15.12.2010 and he was released on bail 23.09.2020 by virtue of the order of this Court and on the pronouncement of the impugned order and judgment by the learned Addl. Sessions Judge, Aska on 15.11.2023, he was again taken into judicial custody and as such he is in custody for Page 2 of 4 about ten years and nine months and since it is a criminal appeal of the year 2024, there is no chance of early hearing. It is submitted that the First Information Report was lodged against the unknown persons and three persons participated in the T.I. Parade and P.W.7 and P.W.12 could not identify the Petitioner. However, P.W.4 identified the Petitioner in the T.I. Parade so also in the Court but he has not supported the prosecution case fully for which he has been declared hostile.
Learned counsel for the Petitioner submitted that in view of the material available on record, there is every chance of success in the appeal and balance of convenience lies in his favour and therefore, the bail application may be favourably considered.
6. Learned counsel for the State submitted that the evidence of P.W.4 so also P.W.18 is very clinching who have identified the Petitioner in the T.I. Parade so also in the Court. He further submitted that it is commission of murder of the OIC, namely, Manoranjan Mishra of Sheragada Police Station and bail should not be granted to the Petitioner, who utilized the fire arms to kill the deceased.
7. Considering the materials available on record and the nature of evidence adduced by the prosecution and Page 3 of 4 since the petitioner has been identified in T.I. Parade as well as in Court, we are not inclined to release the Appellant on bail. Hence, the I.A. stands rejected.
8. Issue certified copy as per Rules.
(S.K. Sahoo) Judge (Chittaranjan Dash) Judge 06. I.A. No.603 of 2024
1. This is an application for stay of realization of fine.
2. Heard.
3. There shall be stay of realization of fine amount imposed on the Appellant-Petitioner by the learned Addl. Sessions Judge, Aska, vide judgment dated 15.11.2023 passed in S.T. Case No.43 of 2013 pending disposal of the criminal appeal.
4. The I.A. is disposed of.
5. Issue certified copy as per rules.
(S.K. Sahoo) Judge (Chittaranjan Dash) Signature Not Verified Judge Digitally Signed Signed by: BIJAY KETAN SAHOO Reason: Authentication Location: A.K.HIGH COURT Pradhan/ Bijay OF ORISSA Date: 19-Nov-2024 11:18:09 Page 4 of 4