Nilu @ Anil Kumar Jena vs State Of Odisha
2021 Latest Caselaw 695 Ori

                                CRLA No.641 of 2019




                                       I.A. No.1447 of 2019

                   Nilu @ Anil Kumar Jena                      ...        Appellant/
                                                                        Petitioner

                                                           -Versus-

                   State of Odisha                             ...      Respondent/
                                                                        Opp. party

08   21.01.2021         The      matter     is     taken      up     through     Video
                  Conferencing.
                        This is an application under Section 389 of Cr.P.C.
                  for grant of bail.
                        Heard.
                        The appellant-petitioner has been convicted under
                  sections 307 and 385 of the Indian Penal Code and
                  sentenced to undergo R.I. for seven years and to pay a
                  fine of Rs.10,000/- (rupees ten thousand), in default, to
                  undergo R.I. for six months for the offence under section
                  307 of the Indian Penal Code and to undergo R.I. for one
                  year for the offence under section 385 of the Indian
                  Penal Code and all the substantive sentences are
                  directed to run concurrently by the learned Additional
                  Sessions Judge, Athagarh in S.T. Case No.37 of 2015.
                        Perused the impugned judgment.
                        Learned counsel for the petitioner submitted that
                  the petitioner was on bail during trial and he has never
                  misutilised    his   liberty    and   out   of     seven    years   of
                  substantive sentence imposed on the appellant, after
                  pronouncement        of   the    judgment,       he   has    already
 undergone a year and five months of substantive
sentence and at present there is no chance of early
hearing of the appeal in near future and the balance of
convenience is in favour of the appellant and therefore,
the bail application may be favourably considered.
      Learned counsel for the appellant has filed a
comprehensive     affidavit     relating      to   the   criminal
antecedents of the cases which are instituted against the
petitioner and it indicates that nine cases have already
been disposed of and those cases are of the year 2008,
2009, 2010, 2011 and 2014.
      Learned counsel for the State on the other hand
placed the evidence of the injured (P.W.10) as well as
the doctor (P.W.9).
      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
petitioner was on bail during trial, the substantive
sentence imposed by the learned trial Court and the
period already undergone by the appellant in judicial
custody 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, J.

09. 21.01.2021 I.A. No.1446 of 2019 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.

P