Orissa High Court
Trinath Mahanandia vs State Of Odisha on 23 September, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.443 of 2021
Trinath Mahanandia .... Appellant/
Petitioner
Mr. B.R. Tripathy, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Abhinandan Pradhan,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 23.09.2021
I.A. No.809 of 2021
03. This matter is taken up through Hybrid
Arrangement (Video Conferencing/Physical Mode).
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 sections 392 and 452 of the Indian Penal Code
by the learned Additional Sessions Judge, Rayagada in
C.T. Case No.164 of 2014 vide judgment dated
30.09.2019 and sentenced to undergo R.I. for a period
of seven 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
// 2 //
section 452 of the Indian Penal Code and to undergo
R.I. for a period of 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 392 of the Indian Penal Code
and both the substantive sentences were directed to
run concurrently by the learned Sessions Judge,
Rayagada vide order dated 16.08.2021.
Learned counsel for the appellant-petitioner
submitted that the petitioner was directed to be
released on bail during trial after remaining in judicial
custody for a substantial period and on the date of
pronouncement of the judgment on 30.09.2019, since
the petitioner remained absent, non-bailable warrant
of arrest was issued against him and he was taken into
judicial custody on 09.03.2021 and since then he is in
judicial custody. He further submitted that another co-
accused, namely, Lenka Gouri Janardan Rao @ Buji @
L. Gouri Janardan Rao, who has preferred a separate
appeal i.e. CRLA No.754 of 2019 has been directed to
be released on bail in I.A. No.1659 of 2019 vide order
dated 21.01.2021. He further submitted that there are
good chances of success in the appeal and there is no
chance of early hearing of appeal in the near future
and balance of convenience is in favour of the
petitioners and therefore, the bail application of the
petitioners may be favourably considered.
// 3 //
Learned counsel for the State, on the other
hand, submitted that since the petitioner was an
absconder and was not present on the date of
pronouncement of the judgment, he cannot claim
parity with the co-accused, who has been granted bail
in CRLA No.754 of 2019. However, he submitted that
he has no instruction about the criminal antecedents, if
any, against the petitioner.
Perused the impugned judgment and evidence
of the witnesses.
Considering the submissions made by the
learned counsel for the respective parties, nature of
evidence available on record, substantive sentence
imposed by the learned trial Court, the period of
substantive sentence already undergone, release of
co-accused on bail in the connected criminal appeal
and absence of any chance of early hearing of 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 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.
The I.A. is disposed of.
( S.K. Sahoo)
Judge
// 4 //
I.A. No.808 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
RKM
