Umakanta Jena @ Balia vs State Of Odisha
2021 Latest Caselaw 10732 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.530 of 2021

             Umakanta Jena @ Balia                     ....     Appellant/
                                                              Petitioner

                                  Mr.S.K. Dash, Advocate

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

                                  Mr.P.K. Mohanty,
                                  Addl. Standing Counsel

                                  CORAM:
                              JUSTICE S.K. SAHOO
                                   ORDER

Order No. 07.10.2021

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

Heard.

Admit.

Call for the Trial Court Record.

( S.K. Sahoo) Judge

I.A. No. 964 of 2021

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

Heard learned counsel for the appellant and learned counsel for the State

The appellant-petitioner has been convicted // 2 //

under sections 498-A of the Indian Penal Code and section 4 of the Dowry Prohibition Act and sentenced to undergo R.I. for three years and to pay a fine of Rs.5,000/- (five thousand), in default, to undergo R.I. for five months for the offence under sections 498-A of the Indian Penal Code and S.I. for two years and to pay fine of Rs.2000/- (two thousand), in default, to undergo S.I. for three months for the offence punishable under section 4 of the D.P. Act and both the substantive sentences were directed to run concurrently by the learned Addl. Sessions Judge, Anandpur in S.T. Case No.9/114 of 2017-16.

Perused the impugned judgment.

Learned counsel for the petitioner submits that the petitioner was on bail during trial and he has never misutilised his liberty. He further submits that there is no chance of early hearing of appeal in the near future and the balance of convenience is in his favour and therefore, the bail application may be favourably considered.

Learned counsel for the State opposed the prayer for bail.

Considering the submission of learned counsels for the respective parties, nature of evidence available on record, the substantive sentence imposed by the learned trial Court and the fact that the petitioner was on bail during trial and absence of any chance of early hearing of the appeal in the near future, I am inclined to release the petitioner on bail.

// 3 //

Let the appellant-petitioner be released on bail pending disposal of the appeal on furnishing personal bond of Rs.50,000/- (rupees fifty thousand) with two 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. 965 of 2021

    03        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) Judge

P