Ugresan Putel And Another vs State Of Orissa

I.A. No.779 of 2021

This is an application by Appellant No.1 Sri Ugresan Putel whose presently age around 68 years, for regular bail. He has been convicted by the trial court by the judgment dated 27th January, 2016 for the offence under Section 302 read with Section 34 of I.P.C. and has been sentenced to undergo imprisonment for life along with fine and in default to undergo further R.I. for six months.

It must be mentioned here that earlier this Appellant has been enlarged on interim bail by this Court on health ground by order dated 25th January, 2021 and has not violated the bail conditions.

In response to the notice issued to the present application, Mr. Katikia on instructions submits that the health condition of the present Appellant No.1 is not still very good. He is still suffering from asthma, old age arthritis and he is taking life saving drugs.

The Court further notes that Appellant No.1/Applicant has been in custody since 27th August, 2012, i.e. over nine years. There is no prospect of the present appeal being taken up for immediate hearing in the near future in the normal course.

Keeping in view the above facts and in view of the judgment of the Supreme Court in Surinder Singh @ Shingara Singh v. State of Punjab(2005) 32 OCR (SC) 430, the Court directs that the present Appellant No.1 be enlarged on bail by the trial court during pendency of the present criminal appeal subject to the satisfaction of the trial court and subject to the terms and conditions to be incorporated by the trial court.

The I.A. is disposed of in the above terms.

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

.....................................