Basu Das vs State Of Odisha
2023 Latest Caselaw 1837 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.1144 of 2022

              Basu Das                         ....     Appellant/
                                                      Petitioner

                                 Mr. P.N. Pattnaik, Advocate

                                    -versus-

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

                                 Mrs. Susamarani Sahoo
                                 Addl. Standing Counsel

                                  CORAM:
                             JUSTICE S.K. SAHOO

                                   ORDER

Order No.                        28.02.2023

                              I.A. No.2198 of 2022

02. 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 341/506 (Part-II)/376 of the Indian Penal Code and sentenced to pay a fine of Rs.500/- (rupees five hundred), in default, to undergo S.I. for ten days for the offence under section 341 of the Indian Penal Code, 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 // 2 //

three months for the offence under section 506 of the Indian Penal Code and R.I. for a period of seven years and to pay a fine of Rs.20,000/- (rupees twenty thousand), in default, to undergo further R.I. for a period of six months for the offence under section 376 of the Indian Penal Code and all the sentences were directed to run concurrently by the learned Adhoc Additional Sessions Judge (FTSC), Kendrapara in S.T. Case No.94 of 2013.

Perused the impugned judgment.

Considering the submission made by the learned counsel for the petitioner that the petitioner was on bail during trial and he has never misutilised his liberty and the case arises out of a complaint petition and after going through the evidence of the victim (P.W.3) and the doctor (D.W.3) and the further submission that there is no chance of early hearing of appeal in the near future and balance of convenience is in favour of the petitioner 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 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

// 3 //

I.A. No.2199 of 2022

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