Rama Munda vs State Of Odisha
2021 Latest Caselaw 268 Ori

                               CRLA No.466 of 2020




                   Rama Munda                           ...     Appellant

                                                    -VERSUS-

                   State of Odisha                      ...   Respondent


                                      I.A. No.890 of 2020

02.   07.01.2021        This      matter   is   taken   up    through     Video
                   Conferencing.
                        This is an application under section 5 of the
                   Limitation Act to condone the delay.
                        The Stamp Reporter has not pointed out any delay
                   in filing the appeal, therefore the interim application is
                   disposed of.


                                                        .............................
                                                          S.K. Sahoo, J.

CRLA No.466 of 2020

03. 07.01.2021 Learned counsel for the State submits that he has received the copy of the brief. Therefore, the defect no.5(d) as pointed out by the Stamp Reporter is removed.

Heard.

Admit.

Call for the L.C.R.

............................. S.K. Sahoo, J.

I.A. No.892 of 2020

04. 07.01.2021 This is an application for grant of bail.

Heard learned counsel for the appellant and learned counsel for the State.

The appellant-petitioner has been convicted under section 307 of the Indian Penal Code and sentenced him to undergo R.I. for three years and to pay fine of Rs.2,000/-(rupees two thousand), in default, to undergo R.I. for three months more passed by the learned Additional Sessions Judge, Champua in S.T. Case No.23 of 2019.

Perused the impugned judgment.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 29.01.2019 and therefore, he has already undergone half of the substantive sentence and there is no chance of early hearing of the appeal and therefore, the bail application may be favourably considered.

Learned counsel for the State opposed the prayer for bail and placed the paragraph no.8 of the impugned judgment.

Considering the submission made by the learned counsel for the respective parties, the sentence imposed by the learned trial Court, the period already undergone by the petitioner in judicial custody and absence of any chance of early hearing of appeal in the near future, I am inclined to release the petitioner on bail.

Let the appellant-petitioner be released on bail pending disposal of the appeal on furnishing personal bond of Rs.20,000/- (rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned trial Court.

The I.A. is disposed of.

............................. S.K. Sahoo, J.

                                          I.A. No.891 of 2020

05.   07.01.2021          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.

............................. S.K. Sahoo, J.

Sisir