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Judgment
I.A. No.786 of 2021
This is an application for bail by the Appellant, who has been convicted for the offence under Sections 302 of the India Penal Code (IPC) in
connection with S.T. No.72 of 2013 (corresponding to G.R. Case No.1905 of 2012 of the court of learned S.D.J.M., Sambalpur arising out of
Dhanupali P.A. Case No.199 of 2012).
Mr. Ragada, learned counsel for the Appellant submits that the convict is a young lady. She has already served nearly 9 years in custody since the
date of the incident i.e. from 6th November, 2012. He points out that the prosecution case registered on the so-called extra-judicial confession made
by the Appellant to her husband (P.W.1), who did not support the prosecution case in the trial.
Without expressing any final opinion on the submissions and clarifying that the observations made in the present order will not influence the final
decision, the Court is of the view that the Appellant has made out a case for release on bail. There is no previous case against the present Appellant.
It is unlikely that the present appeal will be taken up for hearing in the immediate future.
In that view of the matter, the Appellant is directed to be released on bail during pendency of the appeal in connection with the aforementioned case
subject to the terms and conditions to be set by the trial Court and to its satisfaction.
The I.A. is accordingly disposed of.
An urgent certified copy of this order be issued as per rules.
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