Suresh Chandra Padhi vs State Of Odisha
2021 Latest Caselaw 10736 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                           JCRLA No.3 of 2021

                Suresh Chandra Padhi              ....    Appellant/
                                                        Petitioner

                                       Mr. A.K. Das-1, Advocate

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

                                       Mr.J.P.Patra,
                                       Special Counsel for the OPID
                                  CORAM:

                            JUSTICE S.K. SAHOO
                                 ORDER

Order No.                       07.10.2021

                         I.A. No.44 of 2021

   03.            This   matter   is    taken     up   through   Hybrid

arrangement (video conferencing/physical Mode).

This is an application for bail.

Heard the learned counsel for the petitioner and learned Special Counsel for the State of Odisha in the OPID Act matters.

The appellant-petitioner has been convicted under sections 420/406/409/467/468/471/120-B of the Indian Penal Code, sections 4 and 5 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978 and section 6 of Odisha Protection of Interest of Depositors (in Financial Establishment) Act, 2011 and sentenced to undergo R.I. for a period of seven years // 2 //

and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo further R.I. for a period of six months for the offence under section 420 of the Indian Penal Code, to undergo R.I. for three years and to pay a fine of Rs.2,000/-(rupees two thousand), in default, to under further R.I. for three months for the offence under section 406 of the Indian Penal Code, to undergo R.I. for ten years and to pay a fine of Rs.10,000/-(rupees ten thousand), in default, to undergo further R.I. for a period of six months for the offence under section 409 of the Indian Penal Code, to undergo R.I. for ten years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo further R.I. for a period of six months for the offence under section 467 of the Indian Penal Code, to undergo R.I. for seven years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo further R.I. for a period of three months for the offence under section 468 of the Indian Penal Code, to undergo R.I. for two years and to pay a fine of Rs.3,000/- (rupees three thousand), in default, to undergo further R.I. for a period of three months for the offence under section 471 of the Indian Penal Code, to undergo R.I. for six years and to pay a fine of Rs.3,000/- (rupees three thousand), in default, to undergo further R.I. for a period of three months for the offence under section 120-B of the Indian Penal Code, to undergo R.I. for two years on each count for

// 3 //

the offences under sections 4 and 5 of the PCMCS (Banning) Act, 1978 and to undergo R.I. for ten years and to pay a fine of Rs.20,000/-(rupees twenty thousand), in default, to undergo further R.I. for one year for the offence under section 6 of the OPID Act and directed all the sentences to run concurrently by the learned Presiding Officer, Designated Court under OPID Act, Berhampur, Ganjam in G.R. Case No.1685 of 2013.

Learned counsel for the petitioner submitted that the petitioner was taken on remand in this case on 14.02.2014 and the substantive sentences, which has been imposed by the learned trial Court is ten years out of which, he has already undergone the substantive sentence of seven years and eight months and there is no chance of early hearing of the appeal in near future and balance of convenience is in his favour. It is further submitted that in view of the period of detention of the petitioner in judicial custody, the bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for bail.

Perused the impugned judgment.

Considering the submissions made by the learned counsel for the respective parties, the substantive sentence of imprisonment imposed by the learned trial Court, the period already undergone by the petitioner in judicial custody and absence of any

// 4 //

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

I.A. No.43 of 2021

04. 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.

Issue certified copy as per rules.

( S.K. Sahoo) Judge

PKSahoo