PRAGNA PARAMITA PRAHARAJ Vs. STATE OF ORISSA

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Crl.), 532 of 2016, Judgment Date: May 20, 2016

                                                              Non-Reportable
                        IN THE SUPREME COURT OF INDIA

                       CRIMINAL APPELLATE JURISDICTION

                      CRIMINAL APPEAL NO.  532  OF 2016
                   (ARISING OUT OF SLP(Crl.) NO.9510/2015)

Pragna Paramita Praharaj                                        Appellant(s)


                             VERSUS

State of Orissa                                                Respondent(s)


                       J U D G M E N T



Abhay Manohar Sapre, J.
Leave granted.
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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