Orissa High Court
Dhruba Charan Nayak vs Union Of India (C.B.I.) on 24 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.385 of 2023
1.Dhruba Charan Nayak
2. Abhaya Charan Behera .... Appellants/
Petitioners
Mr.R.K. Pradhan, Advocate
-versus-
Union of India (C.B.I.) .... Respondent/
Opp. Party
Mr.Sarthak Nayak,
Special Public Prosecutor,
(C.B.I.)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 24.04.2023
CRLA No.385 of 2023
01. This matter is taken up through Hybrid
arrangement (video conferencing/physical Mode).
Heard Mr. R.K. Pradhan, learned counsel appearing
for the appellants and Mr. Sarthak Nayak, learned Special
Public Prosecutor appearing for the C.B.I.
Heard
Admit
Call for the trial Court records.
List this matter indicating the name of Sarthak
Nayak, learned Special Public Prosecutor appearing for
// 2 //
the C.B.I in the cause list as well as at the top of the
brief.
( S.K. Sahoo)
Judge
I.A. No.835 of 2023
02. This is an application for bail.
Heard learned counsel for the appellants-petitioners
and learned Special Public Prosecutor appearing for the
C.B.I.
Both the petitioners have been convicted for the
offences punishable under sections 120-B/420/468/471
of the Indian Penal Code and sentenced to undergo R.I.
for a period of two years and to pay a fine of Rs.5,000/-
(rupees five thousand), each, in default, to undergo R.I.
for a further period of four months for the offence under
section 120-B of the Indian Penal Code, to undergo R.I.
for a period of two years and to pay a fine of Rs.5,000/-
(rupees five thousand) each, in default, to undergo R.I.
for a period of four 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.5,000/-
(rupees five thousand) each, in default, to undergo R.I.
for a period of four months for the offence under section
468 of the Indian Penal Code and sentenced to undergo
R.I. for a period of two years and to pay a fine of
Rs.5,000/- (rupees five thousand) each, in default, to
// 3 //
undergo R.I. for a period of four months for the offence
under section 471 of the Indian Penal Code and all the
substantive sentences were directed to run concurrently
by the learned Special Judge, C.B.I., Court No.1,
Bhubaneswar in T.R. Case No.05 of 2013.
Learned counsel for the petitioners submitted that
the petitioners were on bail during trial and they never
misutilized the liberty granted to them and therefore, the
petitioners may be directed to be released on bail pending
disposal of the appeal.
Learned Special Public Prosecutor appearing for the
C.B.I., on the other hand, opposed the prayer for bail.
Considering the submissions made by the learned
counsel for the respective parties, the nature of evidence
adduced by the prosecution during trial, the substantive
sentence imposed by the learned trial Court and absence
of chance of early hearing of the appeal in the near
future, I am inclined to release the petitioners on bail.
Let the appellants-petitioners be released on bail
pending disposal of the appeal on furnishing bail bond of
Rs.50,000/-(rupees fifty thousand) each with two
solvent sureties each for the like amount to the
satisfaction of the learned trial Court with such terms
and conditions as the learned Court may deem just and
proper.
// 4 //
The I.A. is disposed of.
( S.K. Sahoo)
Judge
I.A. No. 836 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 appellants-petitioners
pursuant to the judgment and order dated 28.03.2023
passed by the Special Judge, C.B.I., Court No.1,
Bhubaneswar in T.R. Case No.05 of 2013 pending
disposal of the criminal appeal.
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 Public Prosecutor appearing for the
C.B.I.
( S.K. Sahoo)
Judge
Sipun
