Orissa High Court
Narayan Das vs State Of Odisha on 12 August, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.330 of 2021
Narayan Das .... Appellant
Mr.J. K. Panda, Advocate
-versus-
State of Odisha .... Respondent
Mr. D.K. Pani,
Addl.Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
12.08.2021
I.A. No.625 of 2021
04. This matter is taken up through Hybrid arrangement
(video conferencing/physical Mode).
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 419/170/34 of the Indian Penal Code read with
section 29 of the NDPS Act and sentenced to undergo R.I. for
a period of five years and to pay a fine of Rs. 25,000/-
(rupees twenty five thousand), in default, to undergo further
R.I. for period of one year for the offence under section 29 of
the NDPS Act, R.I. for three years for the offence under
section 419 of the Indian Penal Code and R.I. for two years
for the offence under section 170 of the Indian Penal Code
and all the substantive sentences were directed to run
concurrently by the learned Sessions Judge -cum- Special
// 2 //
Judge, Malkangiri in T.R. Case No.79 of 2018.
Perused the impugned judgment.
Learned counsel for the appellant submitted that the
petitioner was on bail during trial and he has never misutilised
his liberty and there is no chance of early hearing of the
appeal in near future and the balance of convenience is in his
favour. He further submitted that there is no clinching
evidence on record to make out a case under section 29 of the
NDPS Act and there is also not bar for such offence under
section 37 of the NDPS Act for grant of bail and therefore, the
bail application may be favourably considered. He further
placed the evidence of the witnesses.
Learned counsel for the State placed the evidence of the
Investigating Officer (P.W.16) and also the accused
statement.
Considering the submissions of learned counsel for the
respective parties, the nature of evidence adduced by the
prosecution during trial and the fact that the appellant was on
bail during trial and absence of any clinching material on
record to show that he has misutilised his liberty and absence
of any chance of early hearing of the appeal in the near
future, I am inclined to release the appellant-petitioner on
bail.
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 on proper
application.
( S.K. Sahoo)
Judge
// 3 //
I.A. No.626 of 2021
05 Heard.
There shall be stay of realization of fine amount
imposed by the learned trial Court on the appellant-
petitioner pending disposal of the criminal appeal.
The I.A. is disposed of.
Issue certified copy as per rules.
P ( S.K. Sahoo)
Judge
