Natabar Swain And Another vs State Of Odisha

I.A. No.796 of 2022

This is an application for regular bail. The Applicant/Appellant No.1 (Natabar Swain) was convicted by the Additional Sessions Judge, Aska, Ganjam in ST. Case No.132 of 2013 for the offences punishable under Sections 302/201 read with Section 34 IPC by a judgment dated 10th January, 2020 and sentenced him to undergo rigorous imprisonment (RI) for life and pay a fine of Rs.10,000/-and in default to undergo RI for two years for the offence under Section 302 IPC; and RI for 5 years and pay a fine of Rs.5000/-and in default to undergo RI for one year for the offence under Section 201 IPC.

The Applicant is stated to be 86 years-old at present and suffering from various ailments. It may be noted here that earlier this Court granted him interim bail by an order dated 24th December 2021, pursuant to which he is stated to have been treated in the Cardiology Department at the MKCG Medical College and Hospital, Berhampur. The Applicant surrendered promptly in terms of the said order. It is stated that he continues to suffer from different ailments. The fact of his suffering from ailments and his advanced age was not disputed by learned Additional Government Advocate for the State. Further, this appeal in its turn is unlikely to be listed for final hearing in the near future.

In the circumstances, the Court directs that the Applicant/Appellant No.1 be enlarged on bail during pendency of the criminal appeal subject to the satisfaction of and the terms to be incorporated by the trial Court.

The application is accordingly disposed of.

An urgent certified copy of this order be issued as per rules.

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