Manika @ Takan Dalei vs State Of Odisha
2021 Latest Caselaw 11399 Ori

        IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLA No.441 of 2016


           Manika @ Takan Dalei                  ....    Appellant/
                                                       Petitioner

                                   Mr.S.K. Nayak-2, Advocate

                                     -versus-
           State of Odisha                       ....    Respondent
                                                       Opp. Party

                                   Mr.D.K. Pani,
                                   Addl. Standing Counsel
                                   CORAM:

                           JUSTICE S.K. SAHOO

                                   ORDER

Order No. 08.11.2021

I.A. No. 823 of 2018

06. The matter is taken up through Video Conferencing.

This is an application under section 389 Cr.P.C. for grant of bail.

Heard the learned counsel for the petitioner and learned Standing Counsel for the State.

The appellant-petitioner has been convicted under section 376 and 506 of the Indian Penal Code and sentenced to undergo R.I. for a period of seven years and to pay a fine of Rs.10,000/- (ten thousand), in default, to undergo R.I. for a period of six months more for the // 2 //

offence under section 376 of the Indian Penal Code and sentenced to undergo R.I. for a period of one year and to pay a fine of Rs.5,000/- (five thousand), in default, to undergo R.I. for a period six months more for the offence under section 506 of the Indian Penal Code and both the substantive sentences were directed to run concurrently by the learned Additional Sessions Judge, Bhadrak in Sessions Trial No.36/251 of 2012.

Learned counsel for the petitioner was taken in judicial custody in connection with this case on 19.05.2012 and as per the order of this Court, he was released from judicial custody on 26.12.2012 and again since the date of pronouncement of the impugned judgment and order of conviction by the learned trial Court on 30.06.2016, the appellant is in judicial custody and as such he was remained in custody for total period of five years and eleven months out of substantive sentence of seven years of punishment imposed by the learned trial Court. He further submits that there is no chance of early hearing of the appeal in near future and balance of convenience is in his favour and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State opposes the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, nature of evidence adduced during trial, the substantive sentence of imprisonment imposed by the learned trial Court, the period already undergone by the appellant during

// 3 //

pendency of the trial and during pendency of this appeal and absence of any chance of early hearing of the appeal in near future, I am inclined to release the 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 solvent sureties each for the like amount to the satisfaction of the learned trial Court.

I.A. is accordingly disposed of.

( S.K. Sahoo) Judge

06. I.A. No. 825 of 2018 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.

( S.K. Sahoo) Judge