Upendra Mohanta @ vs State Of Odisha
2023 Latest Caselaw 9805 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.502 of 2023

              Upendra Mohanta @                ....   Appellant/
              Chhutu Babulu                         Petitioner

                                Mr.Abhishek Dash, Advocate

                                    -versus-

              State of Odisha                  ....   Respondent/
                                                    Opp.Party

                                Mr. Priyabrata Tripathy
                                Addl. Standing Counsel

                                  CORAM:
                           JUSTICE S.K. SAHOO

                                  ORDER

Order No. 22.08.2023 I.A. No. 1105 of 2023

03. This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode). This is an application for bail. The appellant-petitioner has been convicted under section 376(1) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.5,000/- (rupees five thousand) and in default, to undergo rigorous imprisonment for a further period of two months by the learned Sessions Judge, Mayurbhanj, Baripada vide judgment and order dated 26.04.2023 in S.T. Case No. 216 of 2013.

// 2 //

Considering the submissions made by the learned counsel for the petitioner that the petitioner was on bail during trial and he has never misutilized the liberty, the sentence imposed by the learned trial Court is for seven years and there is no chance of early hearing of the appeal in the near future and after going through the evidence of the victim (P.W.2) and the doctor (P.W.8) and on hearing the learned counsel for the State, 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 with such terms and conditions as the learned Court may deem just and proper. Violation of any of the conditions shall entail cancellation of bail.

The I.A. is disposed of.

( S.K. Sahoo) Judge I.A. No. 1104 of 2023

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

Heard.

There shall be stay of realization of fine amount imposed on the appellant-petitioner pursuant to the order dated 26.04.2023 passed by the learned Sessions Judge, Mayurbhanj, Baripada in S.T. Case No. 216 of 2013 pending disposal of the criminal appeal.

// 3 //

The I.A. is disposed of.

Issue certified copy as per rules.

( S.K. Sahoo) Judge

PKSahoo

Signature Not Verified Digitally Signed Signed by: PRAMOD KUMAR SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 23-Aug-2023 10:28:18