Pragna Paramita Praharaj Vs. State of Orissa

[Criminal Appeal No. 532 of 2016 arising out of SLP (CRL.) No.9510/2015]

Abhay Manohar Sapre, J.

1. Leave granted.

2. This appeal has been filed against the order dated 11.05.2015 passed by the Division Bench of the High Court of Orissa at Cuttack in Misc. Case No. 528 of 2015 in Criminal Appeal No. 202 of 2015 whereby the High Court has, pending appeal against the judgment of the District & Sessions Judge, Jajpur, dismissed the bail application filed by the appellant herein.

3. The appellant(daughter) along with two other accused, i.e., her father and mother were prosecuted and eventually convicted for commission of murder of one boy-Sanjay Rana and were directed to undergo life sentence by the learned Sessions Judge, Jajpur in CT No. 76/2010.

4. The appellant and two accused filed appeal being Crl. A. No. 202 of 2015 in the High Court of Orissa at Cuttack. In the appeal, the appellant, i.e., daughter filed an application seeking suspension of her jail sentence. By impugned order, the application was rejected and suspension was declined. Felt aggrieved, the appellant (daughter) has filed this appeal by way special leave petition before this Court.

5. We have heard the learned counsel for the parties and also perused the record of the case.

6. Having regard to the totality of the facts and circumstances appearing in the case, which need not be detailed in our order, we are of the considered opinion that the appellant-Pragna Paramita Praharaj be released on bail during the pendency of her appeal before the High Court.

7. Accordingly, it is directed that the appellant named above be released on bail to the satisfaction of the Court of District and Sessions Judge, jajpur in CT No. 76/2010 during the pendency of her Criminal Appeal no. 202/2015.

8. The appeal is accordingly allowed. Impugned order stands set aside. If any application is pending before this Court, the same stands disposed of.

..............................J. [ABHAY MANOHAR SAPRE]

..............................J. [ASHOK BHUSHAN]

New Delhi,

May 20, 2016.

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