AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
30 paragraphs · 445 words S.K. Sahoo, J
I.A. No.75 of 2020
This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).
This is an application under Section 389 of Cr.P.C. for grant of bail.
Heard.
The appellant-petitioner has been convicted under section 304(II) of the Indian Penal Code and sentenced to undergo R.I. for ten years and to pay a
fine of Rs.5,000/- (rupees five thousand), in default of payment of fine, to undergo further R.I. for three months by the learned Additional Sessions
Judge, Balliguda in S.T. Case No.38 of 2016(T).
Perused the impugned judgment.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 06.11.2015 and thus out of ten years of substantive sentence
imposed by the learned trial Court, he has already undergone five years and eight months of substantive sentence. He further submitted that the
occurrence in question took place on 26.10.2015 and the deceased died on 02.11.2015. He placed the statement of eye witness Manjula Pradhan
(P.W.1) and the doctor (P.W.6), who conducted the post mortem. It is argued that there are good chances of success in the appeal and there is no
chance of early hearing of appeal in the near future and balance of convenience is in favour of the petitioner and therefore, the bail application of the
petitioner may be favourably considered.
Learned counsel for the State opposed the prayer for bail and placed the operative part of the impugned judgment i.e. 8.1 in which the learned trial
Court has discussed that the case falls within Exception 4 of section 300 of the Indian Penal Code and therefore, the appellant was found guilty under
section 304 Part II of the Indian Penal Code and not under section 302 of the Indian Penal Code.
Considering the submissions of learned counsel for the respective parties, the nature of evidence adduced by the prosecution during trial, the
substantive sentence imposed by the learned trial Court, the sentence already undergone by the petitioner and absence of any chance of early hearing
of the appeal in the near future, I am inclined to release the petitioner on bail.
Let the appellant-petitioner be released on bail pending disposal of the appeal on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two
local solvent sureties each for the like amount to the satisfaction of the learned trial Court.
The I.A. Case is disposed of.
I.A. No.75 of 2019
 Heard.
There shall be stay of realization of fine amount imposed by the learned trial Court on the appellant-petitioner till disposal of the criminal appeal.
The I.A. is disposed of.
Urgent certified copy of this order be granted as per rules.
……………………………………