Chatura Nayak vs State Of Odisha
2023 Latest Caselaw 15551 Ori

Orissa High Court

Chatura Nayak vs State Of Odisha on 4 December, 2023

Author: S.K. Sahoo

Bench: S.K. Sahoo

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.624 of 2023

              Chatura Nayak                         ....      Appellant/
                                                             Petitioner

                                   Mr. B.B. Mishra, Advocate

                                         -versus-

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

                                   Mr. P.B. Tripathy,
                                   Addl. Standing Counsel

                                 CORAM:
                             JUSTICE S.K. SAHOO
                                     ORDER

Order No.                          04.12.2023

                             I.A. No.1353 of 2023

   03.            This    matter    is    taken     up   through   Hybrid

arrangement (video conferencing/physical mode).

This is an application under Section 389 of Cr.P.C. for grant of bail.

Heard.

The appellant-petitioner has been convicted under sections 452/304(II) of the Indian Penal Code and sentenced to undergo R.I. for a period of three years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo further R.I. for a period of six months for the offence under section // 2 //

452 of the Indian Penal Code and R.I. for a period of ten years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo further R.I. for a period of six months for the offence under section 304(II) of the Indian Penal Code and both the substantive sentences were directed to run concurrently by the learned 2nd Additional Sessions Judge, Rourkela in S.T. Case No.201 of 2014.

Perused the impugned judgment.

Considering the submission made by the learned counsel for the petitioner that out of ten years of substantive sentence imposed on the petitioner by the learned trial Court, he has already undergone five years and seven months of sentence both during trial as well as after conviction and that he was granted bail during trial after remain in custody for five years and after going through the evidence of two eye witnesses i.e. P.W.3 and P.W.6 so also the doctor (P.W.14) placed by the learned counsel for the State and since it is a criminal appeal of the year 2023, there is no chance of early hearing in the near future and there is no criminal antecedent against the petitioner, 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

// 3 //

bond of Rs.50,000/- (rupees fifty thousand) with two local 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

04. Heard.

There shall be stay of realization of fine amount imposed by the learned trial Court on the appellant- petitioner till disposal of the criminal appeal.

The I.A. is disposed of.

Urgent certified copy of this order be granted as per rules.

( S.K. Sahoo) Judge

RKM

Signed by: RABINDRA KUMAR MISHRA

Location: HIGH COURT OF ORISSA, CUTTACK Date: 05-Dec-2023 18:29:46