Orissa High Court
Debraj Swain vs State Of Odisha on 17 July, 2023
Signature Not Verified
Digitally Signed
Signed by: SIPUN BEHERA
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 18-Jul-2023 11:37:45
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.626 of 2023
Debraj Swain .... Appellant/
Petitioner
Mr.D.R. Mishra, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr.Arupananda Das,
Addl.Govt. Advocate
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 17.07.2023
CRLA No.626 of 2023
02. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard.
Admit.
Call for trial Court records.
( S.K. Sahoo)
Judge
I.A. No.1361 of 2023
03. Heard.
This is an application for grant of bail.
The appellant-petitioner Debraj Swain along
Signature Not Verified // 2 //
Digitally Signed
Signed by: SIPUN BEHERA
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 18-Jul-2023 11:37:45
with other accused persons have been convicted
under sections 341/294/323/325/34 of the Indian
Penal Code (in short, "I.P.C.") and sentenced to
undergo R.I. for a period of three years and to pay a
fine of Rs.2,000/- (rupees two thousand), in default,
to undergo S.I. for a period of one month for the
offence under section 325/34 of the I.P.C.,
sentenced to pay a fine of Rs.1,000/- (rupees one
thousand), in default, to undergo S.I. for a period of
twenty days for the offence under section 294/34 of
the I.P.C. and sentenced to pay a fine of Rs.500/-
(rupees five thousand), in default, to undergo S.I.
for a period of seven days for the offence under
section 341/34 of the I.P.C. and no separate
sentence has been awarded for the offence under
section 323/34 of the I.P.C. and all the substantive
sentences were directed to run consecutively by the
learned Sessions Judge, Balangir in S.C. Case No.50
of 2020.
Learned counsel for the petitioner submitted
that the petitioner was on bail during trial and he has
never misutilized his liberty. 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 therefore, the bail application
may be favouraly considered.
Signature Not Verified // 3 //
Digitally Signed
Signed by: SIPUN BEHERA
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 18-Jul-2023 11:37:45
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
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 I.A. is disposed of.
( S.K. Sahoo)
Judge
I.A. No.1360 of 2023
04. This is an application for stay of realization of
fine.
Heard.
Signature Not Verified // 4 //
Digitally Signed
Signed by: SIPUN BEHERA
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 18-Jul-2023 11:37:45
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
22nd May 2023 passed by the learned Sessions
Judge, Balangir in S.C. Case No.50 of 2020 pending
disposal of the criminal appeal.
The I.A. is disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
sipun
