Nrusinghanath Samal vs State Of Odisha
2023 Latest Caselaw 728 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 CRLA No.55 of 2019

              Nrusinghanath Samal                ....     Appellant

                                   Ms. Sanjukta Das, Advocate

                                      -versus-

              State of Odisha                    ....   Respondent

                                   Mr. Rajesh Tripathy,
                                   Addl. Standing Counsel

                                      CORAM:
                                 JUSTICE S.K. SAHOO

                                     ORDER

Order No.                          24.01.2023

                                  I.A. No.843 of 2021

10. 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 458/376/342 of the Indian Penal Code and sentenced to undergo R.I. for a period of seven years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to further undergo R.I. for a period of one year, R.I. for a period of five years and to pay a fine of Rs.3,000/- (rupees three thousand), in default, to // 2 //

further undergo R.I. for a period of six months and R.I. for a period of three months and to pay a fine of Rs.500/- (rupees five hundred), in default, to further undergo R.I. for a period of one month and all the sentences were directed to run concurrently by the learned Additional Sessions Judge, Salipur in S.T. No.373 of 2016 (S.T. No.62 of 2017).

Perused the impugned judgment.

Ms. Sanjukta Das, learned counsel for the petitioner submitted that out of seven years of substantive sentence imposed by the learned trial Court, the petitioner has already undergone substantive sentence of four years and eight months and though the paper book has already been prepared but the hearing could not take place and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State has pointed out from the order sheet that the earlier bail application of the petitioner in I.A. No.158 of 2019 was rejected as per the order dated 18.12.2019.

Considering the submissions of learned counsel for the respective parties, the nature of evidence adduced during the trial, the substantive sentence imposed by the learned trial Court, the period already undergone by the petitioner in judicial custody and absence of any chance of early hearing of the appeal in the near future, the

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prayer for bail is allowed.

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.160 of 2019

11. 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 on proper application.

( S.K. Sahoo) Judge RKM