Suvendu @ Bapi Puhan vs State Of Odisha
2021 Latest Caselaw 9459 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No. 434 of 2021


                Suvendu @ Bapi Puhan              ....     Appellant/
                                                         Petitioner

                                           Mr.B.R. Tripathy, Advocate
                                        -versus-
                State of Odisha                  ....     Respondent/
                                                          Opp. Party

                            Mr. A.K. Beura, Addl. Standing Counsel
                                     CORAM:

                            JUSTICE S.K. SAHOO
                                       ORDER

Order No. 09.09.2021

02. Heard.

Admit.

Call for the Trial Court Record.

( S.K. Sahoo) Judge

I.A. No. 792 of 2021

03. 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.

// 2 //

The appellant-petitioner has been convicted under section 498-A of the Indian Penal Code read with section 4 of the D.P. Act and sentenced him to undergo R.I. for a period of three years and to pay a fine of Rs.5,000/- (five thousand), in default, to undergo R.I. for a period of five months for the offence under section 498-A of the Indian Penal Code and S.I. for two years and to pay a fine of Rs.2000/- (rupees two thousands), in default, to undergo S.I. for three months for the offence under section 4 of the D.P. Act and both the sentences are directed to run concurrently by the learned Addl. Sessions Judge, Anandpur in S.T. Case No.03/60 of 2017/15.

Perused the impugned judgment.

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

Learned counsel for the State opposed the prayer for bail.

Considering the submissions of learned counsel for the respective parties, nature of evidence

// 3 //

available on record and taking into account the period of sentence imposed by the learned trial Court and absence of any chance of early hearing of the appeal in near future and the fact that the petitioner was on bail during trial, the prayer for bail is allowed.

Let the appellant-petitioner on surrendering before the learned trial Court be released on bail pending disposal of the appeal on furnishing personal 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. 793 of 2021

04. 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