Jagdish Mishra vs State Of Odisha
2023 Latest Caselaw 1623 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.185 of 2023

              Jagdish Mishra                     ....    Appellant/
                                                       Petitioner

                                   Mr. B.C. Ghadei, Advocate

                                      -versus-

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

                                   Mr. Rajesh Tripathy
                                   Addl. Standing Counsel

                                      CORAM:
                                 JUSTICE S.K. SAHOO

                                     ORDER

Order No. 21.02.2023

01. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard.

Admit.

Call for the trial Court record.

( S.K. Sahoo) Judge

I.A. No.384 of 2023

02. This is an application under Section 389 of Cr.P.C.

for grant of bail.

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Heard.

The appellant-petitioner has been convicted under sections 465/467/468/420/34 of the Indian Penal Code read with sections 4 and 5 of the Prize Chit Money Circulation (Banning) Act, 1978 (hereafter 'PCMCS (Banning) Act, 1978') and section 6 of the Odisha Protection of Interest of Depositors (in Financial Establishments) Act, 2011 (hereafter, 'O.P.I.D. Act') and sentenced the Managing Director of Raj Godson Services Pvt. Ltd i.e. the petitioner to undergo R.I. for a period of five years and to pay a fine of Rs.2,00,000/- (rupees two lakhs), in default, to further undergo R.I. for a period of one year for the offence under section 6 of the O.P.I.D. Act and also R.I. for a period of five years and to pay a fine of Rs.1,00,000/- (rupees one lakh), in default, to further undergo R.I. for a period of six months for the offence under section 6 of the O.P.I.D. Act, R.I. for a period of two years and to pay a fine of Rs.20,000/- (rupees twenty thousand), in default, to further undergo R.I. for a period of three months for the offence under section 465 of the Indian Penal Code, R.I. for a period of three years and to pay a fine of Rs.20,000/- (rupees twenty thousand), in default, to further undergo R.I. for a period of three months for the offence under section 467 of the Indian Penal Code, R.I. for a period of five years and to pay a fine of Rs.20,000/- (rupees twenty thousand), in default, to further undergo R.I. for a

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period of three months for the offence under section 468 of the Indian Penal Code, R.I. for a period of three years and to pay a fine of Rs.20,000/- (rupees twenty thousand), in default, to further undergo R.I. for a period of three months for the offence under section 420 of the Indian Penal Code and R.I. for a period of one year and to pay a fine of Rs.1,000/- (rupees one thousand), in default, to further undergo S.I. for a period of one month on each count for the offence under sections 4, 5 and 6 of the PCMCS (Banning) Act, 1978 and all the substantive sentences were directed to run concurrently by the learned Presiding Officer, Designated Court under O.P.I.D. Act, Balasore in C.T. Case No.07(C) of 2016.

Perused the impugned judgment.

Learned counsel for the appellant-petitioner submitted that the petitioner was taken into judicial custody on 24.08.2016 and he was released on bail on 29.06.2017 and he has never misutilised his liberty while on bail and there is no chance of early hearing of appeal in the near future and balance of convenience is in favour of the petitioner and therefore, the bail application of the petitioner may be favourably considered.

Mr. J.P. Patra, learned Special Counsel appearing for the State of Odisha in O.P.I.D. Act matters opposed the prayer for bail.

Considering the submissions of learned counsel for the respective parties, the nature of evidence adduced by

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the prosecution during trial, the sentence imposed by the learned trial Court, the fact that the petitioner was on bail during trial and there is no allegation of misutilization of his liberty while on bail and absence of any chance of early hearing of the appeal in the near future, the prayer for bail is allowed.

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 local solvent sureties each for the like amount to the satisfaction of the learned trial Court.

Accordingly, the I.A. is disposed of.

( S.K. Sahoo) Judge

I.A. No.383 of 2023

03. 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