Orissa High Court
Pranay Kumar Behera @ vs State Of Odisha (O.P.I.D) on 24 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.431 of 2023
Pranay Kumar Behera @ .... Appellant
Pranaya Kumar Behera @
Piku
Mr. B. Nayak, Advocate
-versus-
State of Odisha (O.P.I.D) .... Respondent
Mr. J.P. Patra,
Special Counsel (O.P.I.D.)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 24.04.2023
CRLA No.431 of 2023
01. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
Let a copy of the appeal memo be served on the
learned Special Counsel appearing for the State of Odisha
in O.P.I.D. matters.
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 OPID Act matters shall be indicated in the cause
list henceforth.
( S.K. Sahoo)
Judge
P.T.O
// 2 //
I.A. No. 945 of 2023
02. This is an application for grant of bail.
The appellant-petitioner Pranay Kumar Behera @
Pranaya Kumar Behera @ Piku has been convicted
under sections 420/406 of the Indian Penal Code read
with section 120-B of the Indian Penal Code and
sections 4, 5 & 6 of the P.C.M.C.S (Banning) Act, 1978
and sentenced to undergo R.I. 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 R.I. 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
R.I. 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 S.I. for one year and to pay a fine of
Rs.1,000/- (rupees one thousand) and in default, to
undergo further S.I. for a period of one month for the
offences under sections 4, 5 & 6 of the P.C.M.C.S
(Banning) Act, 1978 and all the sentences were directed
to run concurrently by the learned Presiding Officer,
Designated Court under O.P.I.D. Act, Balasore in C.T.
// 3 //
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 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. 943 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
pursuant to the judgment and order 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.
// 4 //
The I.A. is disposed of.
Issue urgent certified copy as per Rules.
A free copy of the order be handed over to the
learned Special Counsel appearing for the State of Odisha
in OPID Act matters.
( S.K. Sahoo)
Sipun
Judge
