Nityananda Jena vs State Of Odisha
2021 Latest Caselaw 11390 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.575 of 2021

              Nityananda Jena                        ....     Appellant/
                                                             Petitioner

                                    Mr. D.P. Pradhan, Advocate

                                       -versus-
              State of Odisha                        ....   Respondent/
              (Vigilance)                                   Opp. Party

                                    Mr. Sanjay Kumar Das,
                                    Standing Counsel
                                     CORAM:

                                 JUSTICE S.K. SAHOO
                                     ORDER

Order No. 08.11.2021

03. This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

Heard.

Admit.

Call for the trial Court record. This matter be listed along with CRLA No.593 of 2021.

( S.K. Sahoo) Judge I.A. No.1029 of 2021

04. This is an application under Section 389 of Cr.P.C.

for grant of bail.

// 2 //

Heard.

The appellant-petitioner has been convicted under section 201 of the Indian Penal Code and sentenced to undergo R.I. for a period of one year and to pay a fine of Rs.2,000/- (rupees two thousand), in default, to undergo further R.I. for a period of two months by the learned Special Judge (Vigilance), Balasore in T.R. No.40 of 2012.

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 the substantive sentence imposed by the learned trial Court against the petitioner is for one year and after conviction, he has also been released on bail by the learned trial Court and there are good chances of success in the appeal and there is no chance of early hearing of appeal in the near future and balance of convenience is in favour of the petitioner and therefore, the bail application of the petitioner may be favourably considered.

Learned Standing Counsel for the Vigilance Department opposed the prayer for bail.

Considering the submissions of learned counsel for the respective parties, the nature of evidence adduced by the prosecution during trial, the sentence imposed by the learned trial Court, the fact that the petitioner was on bail during trial and there is no allegation of misutilization of his liberty while on bail and absence of any chance of early hearing of the appeal in the near future, the prayer for bail

// 3 //

is allowed.

Let the appellant-petitioner on surrendering 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.

( S.K. Sahoo) Judge

I.A. No.1030 of 2021

05. 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 on proper application.

A free copy of this order be handed over to Mr. Sanjay Kumar Das, learned Standing Counsel for the Vigilance Department.

( S.K. Sahoo) Judge

RKM