Orissa High Court
Satrupa Mohanty vs State Of Odisha on 5 September, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.537 of 2020
Satrupa Mohanty .... Appellant/
Petitioner
Mr. T.K. Mishra, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Debasis Biswal
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
05.09.2022
I.A. No.1035 of 2020
18. This matter is taken up through Hybrid
Arrangement (Video Conferencing/Physical Mode).
This is an application for bail.
The appellant-petitioner has been convicted
under sections 167, 467, 468, 471, 406, 409,
420 and 120-B of the Indian Penal and sentenced
to undergo R.I. for one year for the offence under
section 167/120-B of the Indian Penal Code,
rigorous imprisonment for a period of four years
and to pay a fine of Rs.9,00,000/- (rupees nine
lakhs), in default, to undergo rigorous
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imprisonment for one year three months for the
offence under section 467/120-B of the Indian
Penal Code, sentenced to undergo R.I. for one
year three months and to pay a fine of
Rs.4,00,000/- (rupees four lakhs only), in default,
to undergo R.I. for six months for the offence
under section 468/120-B of the Indian Penal
Code, sentenced to undergo R.I. for six months
for the offence under section 471/120-B of the
Indian Penal Code, sentenced to undergo R.I. for
one year three months and to pay a fine of
Rs.4,00,000/- (rupees four lakh only), in default
to undergo R.I. for six months for the offence
under sections 420/120-B of the Indian Penal
Code, sentenced to undergo R.I. forone year for
the offence under section 406/120-B of the Indian
Penal Code, sentenced to undergo R.I. for four
years and to pay a fine of Rs.9.00.000/- (rupees
nine lakhs), in default to undergo R.I. for one year
six months for the offence under section 409/120-
B of the Indian Penal Code and sentenced to
undergo R.I. for one year and to pay fine of
R.1,00,000/- (rupees one lakh), in default to
undergo R.I. for three months for the offence
under section 120-B of the Indian Penal Code by
the learned Chief Judicial Magistrate, Mayurbhanj,
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Baripada vide judgment and order dated 8th
October, 2020 in G.R. Case No. 1239 of 2014.
Learned counsel for the petitioner submitted
that the petitioner was on bail during trial and she
has never misutilised her liberty and referring to
the order dated 21.02.2022 to obtain instruction
regarding deposit of the fine amount in
installments, though the learned counsel for the
appellant has filed an affidavit by the father of the
petitioner but he submits that out of 27,00,000
(twenty seven lakh) fine amount, the petitioner
will deposit a sum of Rs.6,00,000/- at the time of
release on bail and the balance amount of
Rs.21,00,000/- will be deposited in twelve equal
monthly installments and therefore, the bail
application of the petitioner may be favourably
considered.
Learned counsel for the petitioner submits
that the petitioner is ready and willing to deposit
the entire fine amount imposed by the learned
trial Court.
Learned counsel for the State has no serious
objection.
Considering the submissions made by the
learned counsel for the respective parties, the fact
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that the petitioner was on bail during trial and
there is no allegation of misutilization of her
liberty while on bail, the period of sentence
already undergone by the petitioner and absence
of any chance of early hearing of the appeal in the
near future and taking into account the
willingness of the petitioner to deposit the entire
amount, 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 local solvent sureties each for the like
amount to the satisfaction of the learned trial
Court with such terms and conditions as the
learned Court may deem just and proper with
further condition that the petitioner shall furnish
cash security of Rs. 6,00,000/- (rupees six lakh)
at the time of release on bail and shall furnish an
undertaking that she shall deposit the balance
amount of Rs.21,00,000/- in twelve equal monthly
installments which shall commence one month
after his released on bail and each of the
installment shall be deposited by the 10th of each
succeeding month. If the petitioner fails to deposit
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any of the installments, this bail order shall stand
cancelled and he will be immediately taken into
judicial custody.
The I.A. is disposed of.
Issue urgent certified copy as per Rules.
(S.K. Sahoo)
Judge
I.A. No.1036 of 2020
19. 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
on proper application.
(S.K. Sahoo)
Judge
