High CourtsDivision Bench(2024) 07 OHC CK 0053

Madan Sutar vs State Of Odisha

Orissa High Court · Decided on 16 July 2024

HON’BLE JUDGES
S.K. Sahoo, J · Chittaranjan Dash, J
RESULT
Dismissed
CASE NUMBER
Criminal Appeal No. 210 Of 2019

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Judgment

8 paragraphs · 227 words

I.A. No.612 of 2019

1.

This is an application under section 389 of Cr.P.C. for grant of bail.

2.

Heard Mr. Zafarulla, learned counsel appearing for the Petitioner/Appellant and Mr. R.K Tripathy, learned counsel for the State.

3.

The Appellant-Petitioner has been convicted under sections 302/201 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo further R.I. for a period of one year for the offence under section 302 of the Indian Penal Code, to undergo R.I. for a period of five years and to pay a fine of Rs.1,000/- (rupees one thousand), in default to undergo R.I. for three month for the offence under section 201 of Indian Penal Code by the learned 2nd Addl. Sessions Judge, Balasore vide judgment and order dated 19.12.2018 passed in Sessions Trial Case No.6/257 of 2018/2017.

4.

In view of the tender age of the deceased, who was hardly aged about six years, taking into consideration the eye witness account of P.W.1, who is none else the son of the Petitioner and the manner in which the ghastly crime has been committed so also the post mortem report findings, we are not inclined to release the Petitioner on bail.

5.

According the I.A. stands rejected.

6.

Issue certified copy as per Rules.

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