Orissa High Court
Teshan Khan vs State Of Odisha on 8 April, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 85 of 2021
1. Teshan Khan .... Appellants/
2. Mallick @ Santosh Kr. Petitioners
Mallick
3. Tanka @ Tankadhar
Mahanta
4. Kandi @ Muna Kandi
5. Ehsan Khan
6. Jogendra Das
7. Raju @ Rajulal Sankar
8. Satya @ Satyaban @
Satyananda Nath
9. Rabi @ Irfan Khan
10. Afab @ Aftab Alam
Mr. S.R. Mulia, Advocate
-versus-
1. State of Odisha
2. Gulam Sarwar Rayeen ....Respondent/
Opp. Parties
Mr. P.K. Mohanty, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
08.04.2021
I.A. No.128 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
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grant of bail.
3. Heard.
4. The appellants-petitioners have been convicted under
sections 148/323/452/149 of the Indian Penal Code and
section 3(1)(x) of S.C. & S.T. (P.A.) Act read with section
149 of the Indian Penal Code and sentenced to undergo R.I.
for two years and to pay a fine of Rs.1,000/- (rupees one
thousand), in default, to suffer further S.I. for three months
for the offence under section 148 of the Indian Penal Code
and R.I. for one year and to pay a fine of Rs.1,000/- (rupees
one thousand), in default, to suffer further S.I. for three
months for the offence under section 323 of the Indian Penal
Code and R.I. for three years and to pay a fine of Rs.1,000/-
(rupees one thousand), in default, to suffer further S.I. for
three months for the offence under section 452 of the Indian
Penal Code and R.I. for one year and to pay a fine of
Rs.1,000/- (rupees one thousand), in default, to suffer
further S.I. for three months for the offence under section
3(1)(x) of S.C. & S.T. (P.A.) Act by the learned Special
Judge, Keonjhar in Special Case No.8 of 2012.
5. Perused the impugned judgment.
6. Learned counsel for the petitioners submitted that the
petitioners were on bail during trial and they have never
misutilised their liberty and the substantive sentence
imposed by the learned trial Court against the petitioners is
for three years and after conviction, they have also been
released on bail by the learned trial Court 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 petitioners and therefore, the
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bail application of the petitioners 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 petitioners were on bail during
trial and there is no allegation of misutilization of their 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 appellants-petitioners be released on bail
pending disposal of the appeal on furnishing bail bond of
Rs.50,000/- (rupees fifty thousand) each with two local
solvent sureties each for the like amount to the satisfaction
of the learned trial Court.
10. The I.A. is disposed of.
( S.K. Sahoo)
Judge
I.A. No.129 of 2021
04. 1. Heard.
2. There shall be stay of realization of fine amount
imposed by the learned trial Court on the appellants-
petitioners 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
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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
