Orissa High Court
Tukuna Behera vs State Of Odisha on 17 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.263 of 2023
Tukuna Behera .... Appellant/
Petitioner
Mr. P.C. Jena, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Rajesh Tripathy
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 17.04.2023
01. This matter is taken up through Hybrid Arrangement
(Video Conferencing/Physical Mode).
Learned counsel for the appellant undertakes to
remove the defects as pointed out by the S.R. within a
week.
Heard.
Admit.
Call for the trial Court record.
( S.K. Sahoo)
Judge
// 2 //
I.A. No.570 of 2023
02. This is an application under section 389 of Cr.P.C.
for grant of bail.
Learned counsel for the State on instruction
submitted that notice on the informant-respondent no.2
is sufficient.
None appears on behalf of the respondent no.2.
Heard.
The appellant-petitioner has been convicted under
section 323 of the Indian Penal Code and section
3(2)(va) of the Scheduled Caste and Scheduled Tribe
(PoA) Act and sentenced to undergo R.I. for one year
and to pay a fine of Rs.1,000/- (one thousand), in
default, to undergo R.I. for one month for the offence
under section 323 of the Indian Penal Code and
sentenced to undergo R.I. for one year and to pay a fine
of Rs.1,000/- (rupees one thousand), in default, to
undergo R.I. of one month for the offence under section
3(2)(va) of the Scheduled Caste and Scheduled Tribe
(PoA) Act and all the substantive sentences were directed
to run concurrently by the learned Special Judge,
Nayagarh in T.R. No. 47 of 2017.
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 the substantive sentence
imposed by the learned trial Court against the petitioner
// 3 //
is for one year 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 sentence imposed by the
learned trial Court, the fact that the petitioner was on bail
during trial and there is no allegation of misutilization of
their 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
furnishing bail bond of Rs.50,000/- (rupees fifty
thousand) each 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.
( S.K. Sahoo)
Judge
// 4 //
I.A. No.569 of 2023
03. 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
P
