Orissa High Court
Adaitya Prasad Das @ Adait @ vs State Of Odisha on 5 August, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.194 of 2021
Adaitya Prasad Das @ Adait @ .... Appellant/
Mitu Das Petitioner
Mr. Himanshu Bhusan Sutar,
Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. A.K. Beura,
Addl. Standing Cousnel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 05.08.2021
02. This matter is taken up through Hybrid Arrangement
(Video Conferencing/Physical Mode).
Heard.
Admit.
Call for the trial Court record.
( S.K. Sahoo)
Judge
I.A. No.376 of 2021
03. This is an application under Section 389 of Cr.P.C. for
grant of bail.
Heard learned counsel for the appellant and the
learned counsel for the State.
The appellant-petitioner has been convicted under
sections 493/417 of the Indian Penal Code and sentenced
// 2 //
to undergo R.I. for five years and to pay a fine of
Rs.10,000/- (rupees ten thousand), in default, to undergo
further R.I. for six months for the offence under Section
493 of the Indian Penal Code and R.I. for one year and to
pay a fine of Rs.5,000/- (rupees five thousand), in default
of fine, to undergo further R.I. for three months for the
offence under section 417 of the Indian Penal Code by the
learned Special Judge, Kendrapara in S.T. Case No.147 of
2009.
Perused the impugned judgment.
Learned counsel for the petitioner submitted that the
petitioner was on bail during trial of the case and he has
never misutilised his liberty. He further submitted that the
petitioner has already remained in custody since the date
of judgment i.e. 09.03.2021 and there are good chances of
success in the appeal and balance of convenience is in
favour of the petitioner and there is also no chance of
early hearing of appeal in the near future and therefore,
the bail application of the petitioner may be favourably
considered.
Learned counsel for the State opposed the prayer for
bail.
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 further taking into account the
period of detention in judicial custody after the judgment
// 3 //
was pronounced by the learned trial Court and absence of
any chance of early hearing of the appeal in the near
future, the prayer for bail is allowed.
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.
The I.A. is disposed of.
Urgent certified copy of this order be granted as per
rules.
( S.K. Sahoo)
Judge
I.A. No.375 of 2021
04. Heard.
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.
The I.A. is disposed of.
( S.K. Sahoo)
Judge
Jagabandhu
