Orissa High Court
Kalandi Charan Mishra vs State Of Odisha on 8 April, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 171 of 2021
Kalandi Charan Mishra .... Appellant/
Petitioner
Mr. D. Patra, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. P.K. Mohanty, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
08.04.2021
02. 1. Learned counsel for the appellant submits that he has
already removed the defect no.5(e) as pointed out by the
Stamp Reporter.
( S.K. Sahoo)
Judge
I.A. No.332 of 2021
03. 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 section
498-A of the Indian Penal Code and sentenced to undergo R.I.
for three years and to pay a fine of Rs.5,000/- (rupees five
// 2 //
thousand), in default of payment of fine, to undergo further R.I.
for five months by the learned Additional Sessions Judge,
Anandapur in Sessions Trial Case No.78/47 of 2017/13.
5. Perused the impugned judgment.
6. Learned counsel for the petitioner submitted that the
petitioner is the husband of the deceased and he was on bail
during trial of the case and he has never misutilised his liberty
and though he faced trial along with other co-accused persons
for commission of offence under section 304-B of the Indian
Penal Code so also under section 4 of the D.P. Act but he has
been acquitted of such charges. However, though no charge
was framed under section 498-A of the Indian Penal Code but
the appellant has been found guilty for such offence and
sentenced to undergo R.I. for three years and also to pay fine.
He further submitted that 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 fact that the petitioner was on bail during trial
and there is no allegation of misutilization of his liberty while on
bail 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 on surrendering 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
// 3 //
learned trial Court.
10. The I.A. is disposed of.
( S.K. Sahoo)
Judge
I.A. No.333 of 2021
04. 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
