Dipak Mandal vs State Of Odisha
2021 Latest Caselaw 3196 Ori

                                CRLA No.86 of 2021




                    Dipak Mandal                             ...        Appellant

                                                       -VERSUS-

                    State of Odisha                          ...      Respondent




02.   04.03.2021          The matter is taken up through Video Conferencing.
                          Heard.
                          Admit.
                          Call for the L.C.R.
                                                             .............................
                                                               S.K. Sahoo, J.

I.A. No.130 of 2021

03. 04.03.2021 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 417 of the Indian Penal Code and sentenced to undergo R.I. for one year and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo further R.I. for two months passed by the learned Additional Sessions Judge, Malkangiri in C.T. Case No.75 of 2019.

Perused the impugned judgment.

Learned counsel for the petitioner-appellant submitted that the appellant was on bail during trial and he has never misutilised his liberty. He further submits that the appellant has good chances of success in the appeal and balance of convenience is in his favour and there is no chance of early hearing of the appeal in the near future and therefore, the bail application may be favourably considered.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced during trial and the fact that the appellant was on bail during trial and absence of any chance of early hearing of appeal in the near future, I am inclined to release the appellant 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.131 of 2021

04.   04.03.2021           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.

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      Sisir                                                     S.K. Sahoo, J.