Sisir Kumar Sabat vs State Of Odisha
2022 Latest Caselaw 4358 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.707 of 2022

              Sisir Kumar Sabat                     ....      Appellant/
                                                           Petitioner

                                   Mr. S.K. Das, Advocate

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

                                   Mr. Arupananda Das,
                                   Addl. Government Advocate
                                    CORAM:

                             JUSTICE S.K. SAHOO

                                      ORDER

Order No. 05.09.2022

01. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard.

Admit.

Call for the trial Court record.

(S.K. Sahoo) Judge

02. This is an application under section 389 of Cr.P.C. for grant of bail.

Heard.

The appellant-petitioner has been convicted // 2 //

under sections 324 of the Indian Penal Code and sentenced to undergo R.I. for two years subject to set off of the period already undergone by him as an Under Trial Prisoner (UTP) by the learned Sessions Judge, Ganjam, Berhampur in Sessions Trial No.406 of 2006.

Perused the impugned judgment. Learned counsel for the petitioner submitted that the petitioner was on bail during trial and he has never misutilised his liberty and 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 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, the nature of evidence adduced by the prosecution during trial, the fact that the petitioner was on bail during trial and there is no allegation of misutilization of his liberty while on bail and absence of any chance of early hearing of the appeal in the near future, the prayer for bail is allowed.

Let the appellant-petitioner on surrendering be released on bail pending disposal of the appeal on

// 3 //

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.

Accordingly, the I.A. is disposed of. Urgent certified copy of this order be granted on proper application.

(S.K. Sahoo) Judge