Sapana Pradhan vs State Of Odisha

This case was taken up through video conferencing on 30.4.2021.

This is an application filed under Section 389 of the Cr.P.C. by the Petitioner-Appellant for suspension of sentence and grant of bail upon appeal.

It apparent from the records that the Petitioner-Appellant has been convicted and sentenced to undergo imprisonment for life and to pay a fine of

Rs.30,000/-, in default, to undergo further R.I. for six months under Section 302 of the I.P.C. vide judgment of conviction and order of sentence dated

22.6.2016 passed by the learned Addl. Sessions Judge, Chatrapur (Ganjam) in S.T. No.190 of 2013.

The earlier bail application of the Petitioner-Appellant has been rejected on 29.11.2019. However, in the mean time the Petitioner-Appellant is in

custody for more than ten years. He has been remanded by the learned Magistrate on 08.3.2010. He was granted furlough leave by the prison

authorities on 21.1.2021 for fourteen days and there is no allegation on behalf of the prosecution that the Petitioner-Appellant misused the liberty

granted to him in any manner. The Petitioner/appellant is a permanent resident of village â€" Baghadi, P.S.-Polasara, District â€" Ganjam, there is no

reasonable apprehension of his absconding from the process of justice and that fact that there is no allegation on behalf of the prosecution that the

petitioner will tamper the prosecution evidence, if he is released on bail,

Keeping in view the aforesaid consideration and the pandemic situation for which the Hon’ble Supreme Court has directed to release of the

accused in suitable cases to avoid congestion of the prisons, this Court is inclined to grant bail to the Petitioner/Appellant.

In that view of the matter, the application for bail of the Petitioner-Appellant is allowed. Let the Petitioner-Appellant be released on bail by the learned

Addl. Sessions Judge, Chatrapur (Ganjam) in S.T. No.190 of 2013 on such suitable terms and conditions as deems just and proper by him. Â

There shall be stay of realization of fine till final disposal of the CRLA.

As the restrictions due to resurgence of COVID-19 are continuing, learned counsel for the parties may utilize a printout of the order available in the

High Court’s website, at par with certified copy, subject to attestation by the concerned advocate Mr. Nrusingha Nanda Mahapatra, learned

counsel for the Petitioner or learned Addl. Standing Counsel for the State, in the manner prescribed vide Court’s Notice No.4587 dated 25th

March, 2020 as modified by Court’s Notice No.4798 dated 15th April, 2021.

………………..    Â