KONARK PATNAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an application for bail pending hearing of Criminal Appeal No. 127 of 2001. Out of 11 accused persons, the eight appellants are convicted by the learned Addl. Sessions Judge, Jharsuguda for the offences under Sections 147/148/341/307 read with Section 149, I.P.C. as well as under Section 302, I.P.C. read with 149, I.P.C. and appellant No. 3 Kanta Dash @ Srikanta and appellant No. 4 Sk. Jalaluddin apart from other sections, stated above, under Section 25(1)(a) of the Indian Arms Act. All the appellants have been sentenced to undergo R. I. for life besides other punishments by judgment dated June 7th, 2001. Being aggrieved by the aforesaid judgment and order of conviction, Criminal Appeal No. 127 of 2001 has been filed before this Court which has been admitted only on July 13th 2001.

(2.) MR . Bijan Ray, learned Sr. Counsel for the appellants relying upon the ratio of the decision in the case of Kashmira Singh v. The State of Punjab, A. I. R. 1977 S. C. 2147 contended that pending hearing of the appeal, the appellants should be released on bail. It was further submitted that the learned Addl. Sessions Judge has acted illegally and committed material errors which are apparent on record and it is a fit case where the appellants, must of whom were enlarged on bail in course of trial and have not misutilised their liberty, should be released on bail. On the other hand, the learned Addl. Standing Counsel vehemently opposed the application for bail.

(3.) THE prosecution examined as many as 23 witnesses out of whom, p. w. 2 is the informant injured and p. ws. 8, 9 and 10 are the eye witnesses to the occurrence.