Orissa High Court
Nilambar Sabar vs State Of Odisha on 24 July, 2023
Signature Not Verified
Digitally Signed
Signed by: SIPUN BEHERA
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 25-Jul-2023 17:55:57
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.183 of 2018
Nilambar Sabar .... Appellant/
Petitioner
Mr.B. Seth, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr.S.S. Mohapatra
Addl.Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 24.07.2023
I.A. No.449 of 2018
07. This matter is taken up through Hybrid Arrangement
(Video Conferencing/Physical Mode).
This is an application for bail.
Heard learned counsel for the petitioner and learned
counsel for the State.
The appellant-petitioner has been convicted for the
offence under section 376-D of the Indian Penal Code
and sentenced 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
further rigorous imprisonment for a further period of
Signature Not Verified
Digitally Signed // 2 //
Signed by: SIPUN BEHERA
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 25-Jul-2023 17:55:57
one year for the offence under section 376-D of the
Indian Penal Code by the learned Sessions Judge,
Nuapada vide judgment and order dated 26.12.2017
passed in Sessions Trial Case No.52 of 2014.
Learned counsel for the petitioner submitted that
the petitioner is in judicial custody since 15.04.2015 and
as such he has already undergone substantive sentence
of eight years and three months by now. Learned counsel
further submitted that the occurrence in question took
place on 28.01.2014 and the first information report was
lodged on 14.04.2014 and the doctor has not been
examined and since there is no chance of early hearing
of the appeal in the near future and balance of
convenience is in his favour, the bail application may be
favouraly considered.
Learned counsel for the State, on the other hand
opposed the prayer for bail and placed the statement of
the victim (P.W.4).
Considering the submissions made by the learned
counsel for the respective parties, the nature of
evidence adduced during trial, the period of detention
already undergone by the petitioner in judicial custody
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
Signature Not Verified
Digitally Signed // 3 //
Signed by: SIPUN BEHERA
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 25-Jul-2023 17:55:57
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
I.A. No.450 of 2018
08. 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, Nuapada vide judgment and order dated
26.12.2017 passed in Sessions Trial Case No.52 of 2014
pending disposal of the criminal appeal.
The I.A. is disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
sipun
