Lenka Gouri Janardan vs State Of Odisha
2021 Latest Caselaw 693 Ori

                               CRLA No. 754 of 2019




                    LENKA GOURI JANARDAN                     ...        APPELLANT
                    RAO @ BUJI @ L. GOURI
                    JANARDAN RAO

                                                     -VERSUS-

                    STATE OF ODISHA                          ...      RESPONDENT


                                    I.A. No. 1659 of 2019

07.   21.01.2021         The    matter    is   taken     up          through   Video
                   Conferencing.

                         This is an application for grant of bail.

                         Heard learned counsel for the appellant-petitioner
                   and learned Counsel for the State.

                         The appellant-petitioner has been convicted under
                   sections 392 and 452 of the Indian Penal Code and
                   sentenced to undergo R.I. for a period of seven years
                   and to pay a fine of Rs.10,000/- (rupees ten thousand),
                   in default, to undergo further R.I. for a period of six
                   months for the offence under section 452 of the Indian
                   Penal Code and to undergo R.I. for a period of ten years
                   and to pay a fine of Rs.10,000/- (rupees ten thousand),
                   in default, to undergo further R.I. for a period of six
                   months for the offence under section 392 of the Indian
                   Penal Code and the substantive sentences were directed
                   to run concurrently by the learned Addl. Sessions
                   Judge, Rayagada in C.T. No. 164 of 2014.

                        Learned     counsel    for     the         appellant-petitioner
 submitted that the petitioner was directed to be released
on bail during trial after remaining in judicial custody for
a substantial period and after pronouncement of the
impugned judgment, the petitioner is in judicial custody.
Learned counsel further submitted that the petitioner
has remained in custody for more than three and half
years and the petitioner has got a good chances of
success in the appeal and the balance of convenience is
in his favour and there is no chance of early hearing of
the appeal in near future and therefore, the bail
application may be favourably considered.
        Learned counsel for the State was asked to obtain
instruction on the criminal antecedents against the
petitioner and he submitted that there is no criminal
antecedent against the petitioner so far as Rayagada
Police Station is concerned.
        Considering the submissions made by the learned
counsel for the respective parties, nature of evidence
available on record, substantive sentence imposed by
the     learned    trial    Court,   absence        of   any   criminal
antecedent        against     the    petitioner,     the   period    of
substantive sentence already undergone, absence of
chance of early hearing of appeal in the near future and
the     balance    of      convenience    is   in    favour    of   the
petitioner, I am inclined to release the petitioner on
bail.



        Let the appellant-petitioner be released on bail
                    pending disposal of the appeal on furnishing 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.
                                                         .............................
                                                          S.K. Sahoo, J.

I.A. No. 1658 of 2019

08. 21.01.2021 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.

Issue certified copy as per rules.

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

PKSahoo