Indra Badra vs State Of Odisha
2023 Latest Caselaw 8315 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.780 of 2023

                1. Indra Badra                   ....        Appellants/
                2. Shiba Badra                             Petitioners

                                Mr.J. Panda, Advocate

                                    -versus-

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

                                Mr.P.B. Tripathy,
                                Addl.Standing Counsel
                                  CORAM:
                             JUSTICE S.K. SAHOO
                                  ORDER

Order No.                       31.07.2023
                           CRLA No.780 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.1666 of 2023

02. This is an application for bail.

Heard learned counsel for the appellants-petitioners and learned Counsel for the State.

// 2 //

The appellants-petitioners have been convicted under sections 451/324/34 of the Indian Penal Code and sentenced to undergo S.I. for a period of one year for the offence under section 324/34 and to pay fine of Rs.500/- (rupees five hundred), in default, to suffer S.I. for a further period of two months for the offence under section 451/34 of the Indian Penal Code and both the sentences were directed to run concurrently by the learned Addl. Sessions Judge, Rairangpur in S.T. Case No.22 of 2019.

Learned counsel for the petitioners submitted that the petitioners were on bail during trial and they have never misutilized the liberty granted to them and therefore, the petitioners may be directed to be released on bail pending disposal of the appeal.

Learned counsel for the State, on the other hand, opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced by the prosecution during trial, the sentence imposed by the learned trial Court 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 appellants-petitioners be released on bail pending disposal of the appeal on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) each with two solvent sureties each for the like amount to the

// 3 //

satisfaction of the learned trial Court.

The I.A. is disposed of.

( S.K. Sahoo) Judge

I.A. No.1665 of 2023

03. 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 6th July 2023 passed by the Addl. Sessions Judge, Rairangpur in S.T. Case No.22 of 2019 pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo

Signature Not Verified Digitally Signed Signed by: PRAMOD KUMAR SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 01-Aug-2023 15:00:43