Orissa High Court
Tapan Kumar Barik vs State Of Odisha (Opid) on 10 January, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.19 of 2023
Tapan Kumar Barik .... Appellant/
Petitioner
Mr.Satyajit Mohapatra,
Advocate
-versus-
State of Odisha (OPID) .... Respondent/
Opp.Party
Mr.Anil Kumar Nayak,
Special Counsel (OPID)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
10.01.2023
01. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard Mr. Anil Kumar Nayak, learned Special
Counsel appearing for the State of Odisha in OPID
Act matters.
Learned counsel for the appellant files the
synopsis and list of dates in Court today, which are
taken on record.
Defects as pointed out by the S.R. is ignored.
Admit.
( S.K. Sahoo)
Judge
I.A. No. 31 of 2023
02. Heard learned counsel for the petitioner and
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learned Special Counsel appearing for the State of
Odisha in OPID Act matters.
This is an application for bail.
The appellant-petitioner Tapan Kumar Barik
has been convicted under sections 420, 406 and
120-B of the Indian Penal Code and sentenced to
undergo rigorous imprisonment for a period of three
years and to pay a fine of Rs.20,000/- (rupees
twenty thousand) and in default, to undergo
rigorous imprisonment for a further period of four
months for the offence under section 420 of the
Indian Penal Code, to undergo rigorous
imprisonment for a period of two years and to pay a
fine of Rs.20,000/- (rupees twenty thousand) and in
default, to undergo rigorous imprisonment for a
further period of three months for the offence under
section 406 of the Indian Penal Code, to undergo
rigorous imprisonment for a period of three years
and to pay a fine of Rs.20,000/- (rupees twenty
thousand) and in default, to undergo rigorous
imprisonment for a further period of four months for
the offence under section 120-B of the Indian Penal
Code by the learned Presiding Officer, Designated
Court under O.P.I.D. Act, Balasore vide judgment
and order dated 27th December 2022 in C.T. Case
No. 1(C) of 2014 (CIS No.5 of 2016).
Learned counsel for the petitioner submitted
that the petitioner was on bail during trial and he has
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never misutilised his liberty and the substantive
sentence imposed by the learned trial Court against
the petitioner is for three years and after conviction,
he has also been released on bail by the learned trial
Court 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 Special Counsel appearing for the
State, on the other hand, opposed the prayer for bail.
Considering the submissions made by the
learned counsel for the respective parties, the
sentence imposed by the learned trial Court and
absence of any chance of early hearing of the
appeal in the near future, 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 solvent sureties each for the like amount to the
satisfaction of the learned trial Court with such
terms and conditions as the learned Court may
deem just and proper.
The I.A. is disposed of.
( S.K. Sahoo)
Judge
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I.A. No. 31 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.
A free copy of this order be handed over to Mr.
Nayak, learned Special Counsel appearing for the
OPID Act.
Urgent certified copy of this order be granted
on proper application.
( S.K. Sahoo)
Judge
P
