Pecha Dhibara @ vs State Of Odisha
2021 Latest Caselaw 4832 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No. 469 of 2019


                 Pecha Dhibara @                      Appellant/
                                                     ....
                 Nishakar                              Petitioner
                                      Mr. S. Mukherjee, Advocate
                                     -versus-
                 State of Odisha              .... Respondent/
                                                      Opp. Party
                           Mr. J.P. Patra, Addl. Standing Counsel

                                     CORAM:

                               JUSTICE S.K. SAHOO

                                  ORDER

Order No. 08.04.2021

I.A. No.1092 of 2019

06. 1. This matter is taken up by video conferencing mode.

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

3. Heard.

4. The appellant-petitioner has been convicted under sections 392/376(2)(g) of the Indian Penal Code and sentenced to undergo R.I. for ten years and to pay a fine of Rs.20,000/- (rupees twenty thousand), in default of payment of fine, to undergo further R.I. for two years for the offence under section 376(2)(g) of the Indian Penal Code and R.I. for five years and to pay a fine of Rs.2,000/- (rupees two thousand), in default of payment of fine, to undergo R.I. for one year for the offence under section 392 of the Indian Penal Code and both the // 2 //

substantive sentences were directed to run concurrently by the learned Additional Sessions Judge, Champua in S.T. Case No.46 of 2014.

5. Perused the impugned judgment.

6. Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 12.02.2012 and thus out of ten years of substantive sentence imposed by the learned trial Court, he has already undergone more than nine years of substantive sentence and there are good chances of success in the appeal and there is no chance of early hearing of appeal in the near future and balance of convenience is in favour of the petitioner and therefore, the bail application of the petitioner may be favourably considered.

7. Learned counsel for the State opposed the prayer for bail.

8. Considering the submissions of learned counsel for the respective parties, the nature of evidence adduced by the prosecution during trial, the sentence imposed by the learned trial Court, the sentence already undergone by the petitioner and absence of any chance of early hearing of the appeal in the near future, the prayer for bail is allowed.

9. Let the appellant-petitioner be released on bail pending disposal of the appeal on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned trial Court.

10. The I.A. Case is disposed of.

                                           ( S.K. Sahoo)
                                                Judge




                                // 3 //




                         I.A. No.1094 of 2019

07.   1.    Heard.

2. There shall be stay of realization of fine amount imposed by the learned trial Court on the appellant-petitioner till disposal of the criminal appeal.

3. The I.A. is disposed of.

4. As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed, vide Court's Notice No.4587, dated 25th March, 2020.

( S.K. Sahoo) Judge RKM