Bapina Kumar Nayak @ vs State Of Odisha
2023 Latest Caselaw 2669 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.341 of 2023

              Bapina Kumar Nayak @                ....         Appellant
              Digal @ Digi

                                   Mr.B.K. Sahoo, Advocate

                                      -versus-

              State of Odisha                     ....       Respondent

                                   Mr.Priyabrata Tripathy,
                                   Addl. Standing Counsel

                                 CORAM:
                             JUSTICE S.K. SAHOO
                                     ORDER

Order No.                          03.04.2023
                             CRLA No.341 of 2023

   01.           This     matter     is   taken    up      through     Hybrid

arrangement (video conferencing/physical mode).

Heard.

Admit.

Call for the trial Court records.

( S.K. Sahoo) Judge

I.A. No. 739 of 2023

02. This is an application for grant of bail.

The appellant-petitioner Bapina Kumar Nayak @ Digal @ Digi has been convicted under section 363 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of three years and to pay a // 2 //

fine of Rs.5,000/- (rupees five thousand) and in default, to undergo further R.I. for a period of one month for the offence under section 363 of the Indian Penal by the learned Ad-hoc Addl. Sessions Judge (F.T.S.C.), Nayagarh in T.R. Case No. 49/76 of 2021/2020.

Considering the submissions made by the learned counsel for the respective parties, the sentence imposed by the learned trial Court, the fact that the petitioner was on bail during trial and there is no allegation that he has misutilised the liberty 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. 740 of 2023

03. This is an application for stay of realization of fine.

Heard.

Considering the submissions made by the learned counsel for the parties, let there be stay of realization of fine amount imposed on the appellant-petitioner

// 3 //

pursuant to the judgment and order dated 15.03.2023 passed by the learned Ad-hoc Addl. Sessions Judge (F.T.S.C.), Nayagarh in T.R. Case No. 49/76 of 2021/2020 pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo