Sankar Mallik vs State Of Odisha
2023 Latest Caselaw 1885 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.183 of 2023

              Sankar Mallik                          ....     Appellant/
                                                             Petitioner

                                    Mr. S. Mohanty, Advocate

                                       -versus-

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

                                    Mr. Rajesh Tripathy
                                    Addl. Standing Counsel

                                      CORAM:
                                 JUSTICE S.K. SAHOO
                                     ORDER

Order No. 01.03.2023

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

Heard.

Admit.

Call for the trial Court record.

( S.K. Sahoo) Judge

I.A. No.380 of 2023

02. This is an application under Section 389 of Cr.P.C.

for grant of bail.

Heard.

The appellant-petitioner has been convicted under // 2 //

section 323 of the Indian Penal Code and sentenced to undergo R.I. for a period of one year and to pay a fine of Rs.1,000/- (rupees one thousand), in default, to undergo further R.I. for a period of two months by the learned Adhoc Additional Sessions Judge, FTSC, Kendrapara in G.R. Case No.1121 of 2014.

Perused the impugned judgment. Considering the submission made by the learned counsel for the petitioner that the petitioner was granted bail during trial and the substantive sentence imposed by the learned trial Court against the petitioner is for one year and there are good chances of success in the appeal and there is no chance of early hearing of appeal in the near future and balance of convenience is in favour of the petitioner and on hearing the learned counsel for the State, 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 local solvent sureties each for the like amount to the satisfaction of the learned trial Court.

The I.A. is disposed of.

Urgent certified copy of this order be granted as per rules.

( S.K. Sahoo) Judge

RKM