Sanjit Sandha vs State Of Odisha
2023 Latest Caselaw 1883 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.75 of 2023

              Sanjit Sandha                        ....     Appellant

                                     Mr. J.K. Panda, Advocate

                                        -versus-

              State of Odisha                      ....   Respondent

                                     Mr. Rajesh Tripathy
                                     Addl. Standing Counsel

                                   CORAM:
                              JUSTICE S.K. SAHOO
                                   ORDER

Order No. 01.03.2023

05. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

As per the order dated 15.02.2023, learned counsel for the State has produced the written instruction received from the Inspector in-charge of Rairakhol police station dated 22.02.2023 in which it is mentioned that there is no criminal antecedent against the appellant. The written instruction is taken on record.

Heard learned counsel for the appellant and learned counsel for the State.

The appellant faced trial in S.T. Case No.61/01 of 2020 arising out of Rairakhol P.S. Case No.260 of 2019 in the Court of learned Assistant Sessions Judge, Rairakhol and he was convicted under section 307 of the Indian Penal Code and sentenced to undergo R.I. for a period of six years and to pay a fine of Rs.10,000/- (rupees ten // 2 //

thousand), in default, to undergo further R.I. for a period of six months.

The appellant preferred an appeal against the said judgment and order of conviction which is now subjudiced in the Court of learned Additional Sessions Judge, Rairakhol in Criminal Appeal No.02 of 2022. The bail application of the appellant under section 389 Cr.P.C. has been rejected by the learned Appellate Court on 06.12.2022.

Perused the impugned judgment.

Considering the submission made by the learned counsel for the appellant that the appellant was on bail during trial of the case and there is no accusation that he has misutilised his liberty and he has remained in judicial custody for about one year and eight months and on hearing the learned counsel for the State, I am inclined to release the appellant on bail.

Let the appellant be released on bail pending disposal of the appeal on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned trial Court.

The learned Appellate Court shall do well to expedite the hearing of the criminal appeal.

Accordingly, the CRLA is disposed of. Urgent certified copy of this order be granted as per rules.

( S.K. Sahoo) Judge RKM