Rabindra Pradhan vs State Of Odisha
2023 Latest Caselaw 352 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLA No.1189 of 2022

              Rabindra Pradhan                    ....     Appellant/
                                                         Petitioner

                                 Mr. S.K. Bhanjadeo, Advocate

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

                                 Mrs. Susamarani Sahoo,
                                 Addl. Standing Counsel
                                  CORAM:

                            JUSTICE S.K. SAHOO

                                    ORDER

Order No. 10.01.2023

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

Learned counsel for the undertakes to remove the defect as pointed out by the S.R. within a week.

Heard.

Admit.

Call for the trial Court record.

(S.K. Sahoo) Judge

I.A. No.2300 of 2022

02. This is an application under section 389 of // 2 //

Cr.P.C. for grant of bail.

Heard.

The appellant-petitioner has been convicted under sections 324 of the Indian Penal Code and sentenced to undergo S.I. for one year and to pay a fine of Rs.1,000/- (rupees one thousand) only, in default of payment of fine, to undergo S.I. for two months by the learned Addl. Sessions Judge, Kodala in S.T. Case No.07 of 2021.

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 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 petitioner and therefore, the bail application of the petitioner may be favourably considered.

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, 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

// 3 //

allowed.

Let the appellant-petitioner on surrendering 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. Urgent certified copy of this order be granted on proper application.

(S.K. Sahoo) Judge

I.A. No.2301 of 2022

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 on proper application.

(S.K. Sahoo) Judge