Dukhishyam Tarei vs State Of Odisha
2023 Latest Caselaw 1627 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.122 of 2023

             1. Dukhishyam Tarei
             2. Sarat Mohapatra
             3. Bimbadhar Parida
             4. Bhaskar Lenka
             5. Prakesh Sahoo
             6. Guli @ Bulu @ Jaya
             Prakash Das                      ....     Appellants/
                                                     Petitioners

                                Mr. R.K. Pradhan, Advocate

                                   -versus-

             1. State of Odisha
             2. Prafulla Chandra Das          .... Respondents/
                                                  Opp. Parties

                                Mrs. Susamarani Sahoo
                                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 // 2 //

I.A. No.260 of 2023

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

for grant of bail.

Heard.

The appellants-petitioners have been convicted under sections 341/323/34 of the Indian Penal Code and sentenced to undergo S.I. for a period of one month each for the offence under section 341/34 of the Indian Penal Code and S.I. for a period of three months each and to pay a fine of Rs.1,000/- (rupees one thousand) each, in default of payment of fine, to undergo further S.I. for a period of fifteen days for the offence under section 323/34 of the Indian Penal Code and both the substantive sentences were directed to run concurrently by the learned 1st Additional Sessions Judge, Puri in S.T. No.58/206 of 2013.

Perused the impugned judgment. Considering the submission made by the learned counsel for the petitioners that the petitioners were granted bail during trial and the substantive sentence imposed by the learned trial Court against the petitioners is for three months and there are good chances of success in the appeal and there is no chance of early hearing of appeal in the near future and balance of convenience is in favour of the petitioners and on hearing

// 3 //

the learned counsel for the State, 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 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

I.A. No.259 of 2023

03. Heard.

There shall be stay of realization of fine amount imposed by the learned trial Court on the appellants- petitioners 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