Ajit Bara vs State Of Odisha
2023 Latest Caselaw 7240 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.397 of 2016

              Ajit Bara                          ....      Appellant/
                                                         Petitioner

                                 Mr.B.K. Ragada, Advocate

                                      -versus-

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

                                 Mr.Manoranjan Mishra
                                 Addl. Standing Counsel
                                CORAM:
                            JUSTICE S.K. SAHOO

                                 ORDER

Order No.                      04.07.2023

   11.                    Misc. Case No.1140 of 2016
                 This   matter   is   taken      up   through   Hybrid

arrangement (video conferencing/physical mode).

This is an application for grant of bail. The appellant-petitioner Ajit Bara has been convicted under section 376 (2)(i) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.5,000/- (rupees eight thousand) and in default, to undergo further R.I. for a period of one year for the offence under section 376(2)(i) of the Indian Penal Code by the learned Chief Judicial // 2 //

Magistrate -cum- Asst. Sessions Judge, Jharsuguda in S.T. Case No.97/26 of 2011/2014.

Learned counsel for the petitioner submitted that the petitioner was on bail during trial and he has never misutilized his liberty and after pronouncement of the judgment on 26th July 2016, he has remained in custody and therefore, out of ten years of substantive sentence imposed by the learned trial Court, he has already undergone seven years of substantive sentence. Learned counsel further submitted that there is no chance of early hearing of the appeal in the near future, balance of convenience is in his favour and since the paper book has not been prepared, the bail application may be favouraly considered.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the fact that the petitioner was on bail during trial and there is no allegation that he has misutilised the liberty and absence of 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

// 3 //

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 including the following conditions that he shall not indulge in any criminal activities while on bail, he shall not try to come in contact with the victim or her family members and shall not involved in any criminal activities while on bail.

The Misc. Case is disposed of.

( S.K. Sahoo) Judge Misc. Case No.1139 of 2016

12. This is an application for stay of realization of fine.

Heard.

Considering the submissions made by the learned counsel for the parties, let there be stay of realization of fine amount imposed on the appellant- petitioner pursuant to the judgment and order dated 26th July 2016 passed by the learned Chief Judicial Magistrate -cum- Asst. Sessions Judge, Jharsuguda in S.T. Case No.97/26 of 2011/2014 pending disposal of the criminal appeal.

The Misc. Case is disposed of.

( S.K. Sahoo) Judge

// 4 //

I.A. No.1140 of 2018

13. Learned counsel for the petitioner does not want to press this interim bail application.

Accordingly, the I.A. is disposed of as not pressed.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

Sipun

Signature Not Verified Digitally Signed Signed by: SIPUN BEHERA Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 05-Jul-2023 11:48:07