Orissa High Court
Kaka Deepak vs State Of Odisha on 21 February, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1014 of 2022
Kaka Deepak .... Appellant/
Petitioner
Mr. T.K. Mishra, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mrs. Susamarani Sahoo
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 21.02.2023
02. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
Heard.
Admit.
Call for the trial Court record.
It is submitted by the learned counsel for the appellant
that the trial Court record is available in CRLA No.961 of
2022 filed by the co-accused Mahammad Safik.
( S.K. Sahoo)
Judge
I.A. No.1899 of 2022
03. This is an application under Section 389 of Cr.P.C. for
// 2 //
grant of bail.
Heard.
The appellant-petitioner has been convicted under
sections 489(B)/489(C) of the Indian Penal Code and
sentenced to undergo R.I. for a period of seven years and to
pay a fine of Rs.5,000/- (rupees five thousand), in default, to
undergo further R.I. for a period of three months for the
offence under section 489(B) of the Indian Penal Code and
R.I. for a period of five years for the offence under section
489(C) of the Indian Penal Code and both the sentences were
directed to run concurrently by the learned Additional
Sessions Judge, Rayagada in C.T. Case No.104 of 2015.
Perused the impugned judgment.
Learned counsel for the petitioner submitted that the
petitioner was on bail during trial and he has never
misutilised his liberty in any manner and similarly situated co-
accused Mahammad Safik, who is the appellant in CRLA
No.961 of 2022 has been released on bail by this Court vide
order dated 07.02.2023 and therefore, the bail application of
the petitioner may be favourably considered. Learned counsel
files the deposition copies of the witnesses, which are taken
on record
Learned counsel for the State opposed the prayer for
bail.
Considering the submissions of learned counsel for the
respective parties, the nature of evidence adduced by the
prosecution during trial and release of the co-accused on bail
in the connected appeal and the fact that the petitioner was
on bail during trial and there is no allegation of misutilization
of his liberty while on bail, the prayer for bail is allowed.
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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.
The I.A. is disposed of.
( S.K. Sahoo)
Judge
I.A. No.1900 of 2022
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
