Gayadhar Nayak vs State Of Odisha
2021 Latest Caselaw 11173 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   JCRLA No. 89 of 2019


                    Gayadhar Nayak                     ....        Appellant
                                                  Mr. C.R. Sahu, Advocate
                                              -versus-
                    State of Odisha                    ....     Respondent
                                                   Mr. D.K. Pani, A.S.C.

                                         CORAM:

                                    JUSTICE S.K. SAHOO
                                         ORDER

Order No. 01.11.2021

I.A. No.69 of 2021

04. 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 section 376 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 one year by the learned Additional Sessions Judge, Anandpur in Sessions Trial Case No.19 of 2019.

Perused the impugned judgment.

Learned counsel for the petitioner submitted that the appellant is in judicial custody since 06.10.2018 and therefore, out of substantive sentence of seven years imposed by the learned trial Court, he has already // 2 //

undergone substantive sentence of more than three years. It is further submitted that there is no chance of early hearing of appeal in the near future and the balance of convenience is in favour of the petitioner and therefore, the bail application of the petitioner may be favourably considered. He also placed the evidence of P.W.15, the victim and evidence of the doctor (P.W.10) who examined the victim.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions of learned counsel for the respective parties, the evidence adduced 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, the prayer for bail is allowed.

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) Judge

P