Matia @ Manas Sahoo @ vs State Of Odisha
2023 Latest Caselaw 8363 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.753 of 2023

              Matia @ Manas Sahoo @                  ....   Appellants
              Manas Ranjan Sahoo &
              others

                                  Mr. A.S. Paul, Advocate

                                      -versus-

              State of Odisha                        ....   Respondent

                                  Mr. S.S. Mohapatra,
                                  Additional Standing Counsel

                                   CORAM:
                              JUSTICE S.K. SAHOO
                                   ORDER

Order No.                       01.08.2023
                             CRLA No.753 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.1596 of 2023

02. This is an application for bail.

Heard learned counsel for the appellants-petitioners and learned counsel for the State.

The appellants-petitioners, namely, Matia @ Manas Sahoo @ Manas Ranjan Sahoo, Suba @ Gobardhan Paikray // 2 //

and Nakua Baliarsingh have been convicted under section 457/354/34 of the Indian Penal Code and sentenced to undergo S.I. for a period of two years and to pay a fine of Rs.1,000/- (rupees one thousand) each, in default, to undergo S.I. for a further period of one month for the offence under sections 457/34 of the Indian Penal Code and to undergo S.R. for two years and to pay a fine of Rs.1,000/- (Rupees one thousand) each, in default, to undergo S.I. for one month for the offences under sections 354/34 of the Indian Penal Code and both the sentences were run concurrently by the learned 1st Additional Sessions Judge- cum-Special Judge under S.C. & S.T. (PoA) Act, Khurda in T.R. Case No. 21 of 2009,

Learned counsel for the petitioners submitted that the petitioners were on bail during trial and have 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 counsel for the State 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 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 petitioner on bail.

Let the appellants-petitioners be released on surrendering before the learned trial Court on bail pending

// 3 //

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.

The I.A. is disposed of.

( S.K. Sahoo) Judge I.A. No. 1595 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 30.06.2023 passed by the learned 1st Additional Sessions Judge-cum-Special Judge under S.C. & S.T. (PoA) Act, Khurda in T.R. Case No. 21 of 2009 pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue urgent certified copy as per Rules. Free copy of the order be supplied to the learned counsel for the State.

( S.K. Sahoo) Judge

amit

AMIT KUMAR Digitally signed by AMIT KUMAR MOHANTY MOHANTY Date: 2023.08.11 10:26:58 +05'30'