Orissa High Court
Sanjeeb Kumar Jena @ vs State Of Odisha & Another on 27 October, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 465 of 2021
Sanjeeb Kumar Jena @ .... Appellant
Sanjib Kumar Jena
Mr.Amulya Ratna Panda, Advocate
-versus-
State of Odisha & another .... Respondents
Mr. J.P. Patra,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 27.10.2021
CRLA No. 465 of 2021
03. This matter is taken up through Hybrid arrangement
(video conferencing/physical Mode).
Since one of the offences for which the appellant
was convicted was under section 3(1)(x) of the S.C. &
S.T. (POA) Act, in view of the provision under section
15A(3) of the said Act, an extra copy of the appeal memo
along with the impugned judgment and interim
applications were directed to be served on the learned
counsel for the State to be sent to the informant. Though
on the very day, the copies of the appeal memo,
impugned judgment and interim applications were served
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on the learned counsel for the State, but learned counsel
for the State submits that he has no instruction as to
whether notice has been made sufficient or not. I am not
inclined to grant further time to the learned counsel for
the State in that regard.
Heard.
Admit.
Call for the trial Court records.
( S.K. Sahoo)
Judge
I.A. No. 841 of 2021
04. This is an application for grant of bail.
Heard learned counsel for the appellant-petitioner
and learned counsel for the State.
The appellant-petitioner has been convicted under
section 294 of the Indian Penal Code and section 3(1)(x)
of the S.C. & S.T. (POA) Act and sentenced to undergo
rigorous imprisonment for a period of two months for
the offence under section 294 of the Indian Penal Code
and rigorous imprisonment for a period of three years
and fine of Rs.5,000/- (five thousand) in default to
undergo further R.I. for a period of three months for the
offence under section 3(1)(x) of the S.C. & S.T. (POA)
Act and both the substantive sentences were directed to
run concurrently by the learned Addl. Sessions Judge
-cum- Special Judge (S.C. & S.T. (POA) Act), Chatrapur
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vide judgment and order dated 6th September 2021 in
S.T. No. 12 of 2015/ CIS No. 674 of 2015.
Learned counsel for the petitioner submitted that the
petitioner was on bail during trial and he never misutilized
the liberty granted to him.
Learned counsel for the State opposed the prayer for
bail.
Considering the submissions made by the learned
counsel for the respective parties, the nature of evidence
adduced by the prosecution during trial and the
sentence imposed by the learned trial Court and absence
of chance of early hearing of the appeal in the 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.
The I.A. is disposed of.
( S.K. Sahoo)
Judge
I.A. No. 842 of 2021
05. This is an application for stay of realization of fine.
Heard.
Considering the submissions made by the learned
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counsel for the parties, let there be stay of realization of
fine amount imposed on the appellant-petitioner
pursuant to the judgment and order dated 6th
September 2021 passed by the learned Addl. Sessions
Judge -cum- Special Judge (S.C. & S.T. (POA) Act),
Chatrapur in S.T. No. 12 of 2015/ CIS No. 674 of
2015pending disposal of the criminal appeal.
The I.A. is disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
PKSahoo
