Orissa High Court
Abhimanyu Mohapatra vs State Of Odisha (O.P.I.D.) on 10 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.373 of 2023
Abhimanyu Mohapatra .... Appellant/
Petitioner
Mr.A. K. Biswal, Advocate
-versus-
State of Odisha (O.P.I.D.) .... Respondent/
Opp. Party
Mr. J. P. Patra,
Special Counsel (O.P.I.D.)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 10.04.2023
CRLA No.373 of 2023
01. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard.
Admit.
Call for the trial Court records.
The names of Mr. Bibekananda Bhuyan and Mr. J.P.
Patra, learned Special Counsel appearing for the State of
Odisha in O.P.I.D. Act matters shall be indicated in the
cause list henceforth.
( S.K. Sahoo)
Judge
P.T.O
// 2 //
I.A. No. 813 of 2023
02. This is an application for grant of bail.
The appellant-petitioner Abhimanyu Mohapatra has
been convicted under sections 420 and 406 of the
Indian Penal Code read with section 120-B of the Indian
Penal Code and sections 4, 5 & 6 of the Prize Chits and
Money Circulation Schemes (Banning) Act, 1978 and
sentenced to undergo rigorous imprisonment for a
period of three years and to pay a fine of Rs.20,000/-
(rupees twenty thousand) and in default, to undergo
further R.I. for a period of three months for the offence
under section 420 of the Indian Penal Code, to undergo
rigorous imprisonment for a period of two years and to
pay a fine of Rs.20,000/- (rupees twenty thousand) and
in default, to undergo further R.I. for a period of three
months for the offence under section 406 of the Indian
Penal Code, to undergo rigorous imprisonment for a
period of three years and to pay a fine of Rs.20,000/-
(rupees twenty thousand) and in default, to undergo
further R.I. for a period of three months for the offence
under section 120-B of the Indian Penal Code and to
undergo simple imprisonment for a period of one year
and to pay a fine of Rs.1,000/- (rupees one thousand)
and in default, to undergo further simple imprisonment
for a period of one month for the offence under sections
4, 5 & 6 of the Prize Chits and Money Circulation
Schemes (Banning) Act, 1978 and all the sentences
// 3 //
were directed to run concurrently by the learned
Presiding Officer, Designated Court under O.P.I.D. Act,
Balasore in C.T. Case No.05(C) of 2015.
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 the petitioner was
taken into judicial custody for more than six months
during investigation of the case 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.814 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
// 4 //
pursuant to the judgment dated 28.03.2023 passed by
the learned Presiding Officer, Designated Court under
O.P.I.D. Act, Balasore in C.T. Case No.05(C) of 2015
pending disposal of the criminal appeal.
The I.A. is disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
Sipun
