RAMESH DALABEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) APPELLANT No. 3, who has been convicted alongwith appellants 1 and 2 under Sections 498 -A, 304 -B read with Sections 34 of the Indian Penal Code and sentenced to undergo R.I. for 7 years under Section 304 -B/34 of the Indian Penal Code and to undergo R.I. for two years and to pay a fine of Rs. 1000/ - each in default to undergo R.I. for two months under Section 498 -A/34 of the Indian Penal Code and both the sentences were directed to run concurrently, has filed this Miscellaneous Application to release him on bail during pendency of the Criminal appeal.

(2.) EARLIER the petitioner (appellant No. 3) alongwith his parents (appellants 1 and 2) had filed Misc. Case No. 633 of 2004 for bail, which was disposed of by order dated 23.12.2004 directing release of the parents (appellants 1 and 2) of the petitioner on bail, but the petitioner's prayer for bail was rejected and he was given liberty to move for bail afresh after receipt of the L.C.R. In the meantime, L.C.R. has already been received and hence the petitioner has filed this application to release him on bail.

(3.) AS . such the petitioner has undergone more than half of the sentence imposed. Even though this Criminal Appeal has been filed since November 2004, the Paper Books, which are required for hearing of the appeal, have not yet been prepared and so there is no likelihood of hearing of the appeal in near future. Keeping in view the fact that the petitioner has already remained in custody for more than four years, out of the total period of 7 years, if holidays etc. are deducted, there is likelihood of the petitioner being released after one year or one and half years. In that view of the matter, the petitioner would be at least, entitled to be considered for his release on bail. Furthermore, on merits also since there is no corroborative evidence in support of the allegation of continuous torture on account of demand of dowry as against the petitioner and the medical evidence having failed to prove the exact cause of death, by which the deceased can be said to have met with an unnatural death to attract the ingredients of the offence under Section 304 -B of the Indian Penal Code, the petitioner may be also entitled for a clean acquittal in this case. However, without going into the merits of the case, keeping in view of the facts as narrated above and further taking into consideration of his age, he can even undergo the remaining period of his sentence to be imposed after disposal of the appeal, he should be released on bail during pendency of this appeal, so that in case the appeal is ultimately allowed in his favour, he shall at least get some relief/benefit of the final order to be passed by this Court in this appeal.