Orissa High Court
Berega Naik @ Bira Naik vs State Of Odisha on 7 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.823 of 2023
Berega Naik @ Bira Naik .... Appellant/
Petitioner
Mr.B. Mahapatra, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr.Arupananda Das
Addl.Govt. Advocate
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 07.08.2023
CRLA No.823 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.1749 of 2023
02. This interim application has been filed by the
appellant-petitioner for grant of bail under section 389
Cr.P.C.
SignatureHeard learned counsel for the petitioner and learned
Not Verified
Digitally Signed
Signed by: SIPUN BEHERA
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 08-Aug-2023 17:24:52
// 2 //
counsel for the State.
The appellant-petitioner Berega Naik @ Bira Naik
has been convicted under sections 354/451 of the Indian
Penal Code and sentenced to undergo R.I. for a period of
two years and to pay a fine of Rs.1,000/- (Rupees one
thousand), in default, to undergo further sentence for a
period of three months for the offence under section 354
of the Indian Penal Code and sentenced to undergo R.I.
for a period of six months and to pay a fine of Rs.500/-
(rupees five hundred), in default, to undergo further
sentence for a period of one month for the offence under
section 451 of the Indian Penal Code and both the
sentences were directed to run concurrently by the
learned Addl. Sessions Judge, Rairangpur in S.T. Case
No.28 of 2020.
Learned counsel for the petitioner submitted that the
petitioner was on bail during trial and has never
misutilized the liberty granted to him and therefore, the
petitioner may be directed to be released on bail pending
disposal of the appeal.
Learned counsel for the State, 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 sentence
imposed by the learned trial Court and absence of
chance Not
Signature of early hearing of the appeal in the near future,
Verified
Digitally Signed
Signed by: SIPUN BEHERA
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 08-Aug-2023 17:24:52
// 3 //
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.1750 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 15th July 2023 passed
by the Addl. Sessions Judge, Rairangpur in S.T. Case
No.28 of 2020 pending disposal of the criminal appeal.
The I.A. is disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
sipun
Signature Not Verified
Digitally Signed
Signed by: SIPUN BEHERA
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 08-Aug-2023 17:24:52
