Purusottam Behera vs State Of Odisha
2021 Latest Caselaw 11943 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No. 406 of 2016


              Purusottam Behera                    ....      Appellant

                                  Mr. Dharanidhar Nayak, Senior
                                  Advocate

                                        -versus-
              State of Odisha                      ....   Respondent

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

                              JUSTICE S.K. SAHOO
                                    ORDER

22.11.2021 Order No. Misc. Case No. 58 of 2018

09. 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 has been convicted under section 20(b)(ii)(C) of the N.D.P.S. Act and sentenced to undergo R.I. for ten years and to pay a fine of Rs.1,00,000/- (one lakh), in default to pay the fine, to undergo further R.I. for two months by the learned Addl. Sessions Judge -cum- Special Judge, Balasore in // 2 //

Special Case No.102/113 of 2013.

Perused the impugned judgment. Learned counsel for the appellant submits that out of ten years of substantive sentence imposed by the learned trial Court, the petitioner has already undergone substantive sentence of eight years and five months and the paper books have not yet been prepared and thus there is no chance of early hearing of appeal in the near future and balance of convenience is in favour of the petitioner.

In view of the available materials and bar under section 37 of the N.D.P.S. Act, while not inclining to release the petitioner on bail on merit but taking into account the substantive sentence imposed by the learned trial Court and the period of detention of the petitioner in judicial custody, I direct the petitioner to be released on interim bail for a period of four months from the date of release. He shall surrender before the learned trial Court immediately on the expiry of four months period.

Let the appellant be released on interim bail for the aforesaid period pending disposal of the appeal on furnishing a 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 subject to condition that while on bail, he shall not indulge in any criminal activities.

// 3 //

Violation of any terms and conditions shall entail cancellation of bail.

The I.A. is disposed of.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge

Misc. Case No.1175 of 2016

10. Heard.

There shall be stay of realization of fine amount imposed by the learned trial Court on the appellant till disposal of the criminal appeal The I.A. is disposed of.

( S.K. Sahoo) Judge

P