Dayasagar Yadav vs State Of Odisha
2021 Latest Caselaw 3197 Ori

                                CRLA No.82 of 2019                                        1




                                        I.A. No.230 of 2019

                    Dayasagar Yadav                              ...       Appellant

                                                           -Versus-

                    State of Odisha                              ...     Respondent


11.   04.03.2021         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.
                         The appellant-petitioner along with three others
                   have been convicted under section 20(b)(ii)(C) of the
                   N.D.P.S. Act and sentenced to undergo R.I. for fifteen
                   years and pay a fine of Rs.2,00,000/- (rupees two lakhs)
                   each, in default of payment of fine, to undergo further
                   R.I. for two years each by the learned Sessions Judge
                   -cum- Special Judge, Kandhamal, Phulbani in G.R. Case
                   No.18 of 2016.
                         Perused the impugned judgment.
                         Learned counsel for the petitioner submitted that
                   the petitioner is in judicial custody since 15.02.2016 and
                   therefore,   he      has    already     undergone        substantive
                   sentence of five years out of fifteen years of substantive
                   sentence imposed by the learned trial Court.
                         In view of the available materials on record and
                   after going through the written note of argument, while
                   not inclining to release the petitioner on bail, I direct the
                   Registry to prepare the paper books within a period of
                                                                              2




                   two months and place it for acceptance of the same.
                         Accordingly, the I.A. is disposed of.



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

I.A. No.231 of 2019

12. 04.03.2021 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.

Urgent certified copy of this order be granted as per rules.

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

CRLA No.82 of 2019

13. 04.03.2021 After acceptance of the paper books, the hearing date shall be fixed.

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

RKM