Orissa High Court
CRLA/445/2018 on 14 January, 2020
Author: S. K. Mishra
Bench: S. K. Mishra
CRLA No.445
1 of 2018
I.A. No.2015 of 2019
08. 14.01.2020 Heard learned Counsel for appellant - petitioner
Ramesh Chandra Sahoo and learned Addl. Government
Advocate.
This application U/s.389 Cr.P.C has been filed by
the appellant - petitioner for grant of bail upon appeal. He
has been convicted and sentenced to undergo
imprisonment for life and to pay fine of Rs.4000/-, in
default to undergo further R.I. for two months for the
offence U/s.302 of the Indian Penal Code and R.I. for
three years and to pay a fine of Rs.1000/-, in default to
undergo further R.I. for 15 days for the offence U/s.201 of
the Indian Penal Code by the learned Addl. Sessions
Judge, Nayagarh in his judgment dtd.09.11.2017 passed
in S.T. Case No.79/110 of 2014. The substantive
sentences are directed to run concurrently.
It is borne out from the record that the petitioner,
at the time of occurrence, was suffering from auditory
hallucination and therefore he was insane while
committing the offence. Learned counsel for the appellant
also submits that there is no mens rea because of insane
mind of the petitioner. Moreover, the appellant is
permanent resident of village - Saradhapur, P.S.-
Odagaon, District - Nayagarh so there is no reasonable
apprehension of his absconding from the process of
justice.
In view of above, we are inclined to allow the
application for bail upon appeal.
2
Let the appellant - petitioner Ramesh Chandra
Sahoo be released on bail upon appeal by the learned
Addl. Sessions Judge, Nayagarh in S.T. Case No.79/110
of 2014, arising out of G.R. Case No.181 of 2014 of the
court of learned J.M.F.C., Odagaon, corresponding to
Odagaon P.S. Case No.17 of 2014, on such terms and
conditions as he deems just and proper.
The I.A. is accordingly disposed of.
Issue urgent certified copy on proper application.
..............................
S. K. Mishra, J.
.............................. Dr. A. K. Mishra, J. mkp