Orissa High Court
Birendra Bhokta 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 11:37:44
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.760 of 2023
Birendra Bhokta .... Appellant/
Petitioner
Mr.S.K. Dwibedi, 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.760 of 2023
01. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
Heard.
Admit.
Call for the trial Court records.
( S.K. Sahoo)
Judge
I.A. No.1609 of 2023
02. This is an application for bail.
The appellant-petitioner Birendra Bhokta has been
convicted under section 20(b)(ii)(B) of the N.D.P.S. Act
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 11:37:44
and sentenced to undergo rigorous imprisonment for a
period of five years and to pay a fine of Rs.50,000/-
(rupees fifty thousand) and in default, to undergo
rigorous imprisonment for a further period of six months
for the offence under section 20(b)(ii)(B) of the N.D.P.S.
Act by the learned Sessions Judge -cum- Special Judge,
Boudh vide judgment and order dated 29th June 2023 in
2(a) C.C. Case No.20 of 2022 (N.D.P.S. Act).
Learned counsel for the petitioner submitted that the
petitioner was on bail during trial and he has never
misutilized the liberty. He further submitted that since the
total period of sentence imposed on the appellant by the
learned trial Court is five years and there is no chance of
early hearing of the appeal in the near future and the bar
under section 37 of the N.D.P.S. Act is not applicable for
the offence under section 20(b)(ii)(B) of the N.D.P.S. Act,
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 nature of evidence
adduced during trial, the total period of sentence
awarded by the learned trial Court and the fact that the
petitioner was on bail during trial and absence of any
chance of early hearing of the appeal in the near future,
I am inclined to release the petitioner on bail.
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 11:37:44
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. Violation
of any of the conditions shall entail cancellation of bail.
The I.A. is disposed of.
( S.K. Sahoo)
Judge
I.A. No.1610 of 2023
03. This is an application for stay of realization of fine.
Heard.
There shall be stay of realization of fine amount
imposed on the appellant-petitioner by the learned
Sessions Judge -cum- Special Judge, Boudh vide
judgment and order dated 29th June 2023 in 2(a) C.C.
Case No.20 of 2022 (N.D.P.S. Act) pending disposal of the
criminal appeal.
The I.A. is disposed of.
Issue certified copy as per rules.
( S.K. Sahoo)
Judge
Sipun
