Baban Ch. Sahoo vs State Of Odisha
2021 Latest Caselaw 8200 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No. 352 of 2021

              1. Baban Ch. Sahoo       ....                     Appellants/
              2. Tuna @ Prasanta Kumar                        Petitioners
                 Sahoo

                                     Mr. Lalitendu Bhuyan, Advocate

                                         -versus-
              State of Odisha                         ....    Respondent/
                                                            Opp. Party

                                     Mr. A.K. Beura
                                     Addl. Standing Counsel

                                    CORAM:
                                JUSTICE S.K. SAHOO
                                      ORDER

Order No. 05.08.2021

I.A. No.657 of 2021

02. This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

This is an application for condonation of delay in filing the criminal appeal.

Since the Stamp Reporter has not pointed out that there is delay in filing of the appeal, the I.A. is disposed of.

( S.K. Sahoo) Judge

CRLA No.352 of 2021

03. Heard.

Admit.

// 2 //

Call for the trial Court record.

( S.K. Sahoo) Judge

I.A. No.658 of 2021

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

Heard.

The appellants-petitioners have been convicted under sections 294/323 of the Indian Penal Code and sentenced to undergo S.I. for three months each for the offence under section 323 of the Indian Penal Code and S.I. for one month each for the offence under section 294 of the Indian Penal Code by the learned Additional Sessions Judge -cum- Special Judge, Keonjhar in Special Case No.10/64 of 2015.

Perused the impugned judgment. 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 months 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 bail application of the petitioners may be favourably considered.

Learned counsel for the State opposed the prayer for bail.

// 3 //

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.

Let the appellants-petitioners on surrendering 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.

The I.A. is disposed of.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge RKM