Budhuram Pradhan vs State Of Odisha
2023 Latest Caselaw 9248 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.860 of 2023

              1. Budhuram Pradhan
              2. Labani Kisan @ Laba
              Kisan
              3. Ghansyam Bagh
              4. Nabin Kumar Bagh @
              Nabin Bagh
              5. Bipin Chhatria @ Bipin        ....      Appellants/
              Chhatia                                  Petitioners

                                 Mr. Sudipto Panda, Advocate

                                    -versus-

              State of Odisha                  ....      Respondent

                                 Mr.Arupananda Das
                                 Addl.Govt. Advocate
                                 CORAM:
                           JUSTICE S.K. SAHOO

                                   ORDER

Order No. 14.08.2023

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.1827 of 2023

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

This is an application for bail. Perused the impugned judgment.

// 2 //

The appellants-petitioners have been convicted for the offence punishable under section 452/34 of the Indian Penal Code (in short, 'I.P.C.') and sentenced to undergo simple imprisonment for a period of three months each and to pay a fine of Rs.1,000/- (rupees one thousand) each, in default, to undergo simple imprisonment for a further period of fifteen days for the offence under section 452/34 of the I.P.C. by the learned Addl. Sessions Judge, Kuchinda vide judgment and order dated 10th July 2023 in S.T. Case No.16 of 2018.

Learned counsel for the petitioners submitted that the petitioners were on bail during trial and they have never misutilized their 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, 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, the fact that the petitioners were on bail during trial 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

// 3 //

satisfaction of the learned trial Court.

The I.A. is disposed of.

( S.K. Sahoo) Judge

I.A. No.1828 of 2023

03. This is an application for stay of realization of fine.

Heard.

There shall be stay of realization of fine amount imposed on the appellants-petitioners pursuant to the judgment and order dated 10th July 2023 passed by the learned Addl. Sessions Judge, Kuchinda in S.T. Case No.16 of 2018 pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue certified copy as per rules.

( S.K. Sahoo) Judge sipun

Signature Not Verified

Signed by: SIPUN BEHERA Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Aug-2023 11:15:36