Kalu Charana Gouda vs State Of Odisha
2023 Latest Caselaw 2250 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              CRLA No.216 of 2023

              Kalu Charana Gouda                 ....     Appellant/
                                                        Petitioner

                                    Mr. S.N. Sahoo, Advocate

                                      -versus-

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

                                    Mr. Manoranjan Mishra
                                    Addl. Standing Counsel

                                     CORAM:
                                JUSTICE S.K. SAHOO
                                      ORDER

Order No.                           20.03.2023

                                I.A. No. 448 of 2023

03. This is an application for grant of bail.

The appellant-petitioner Kalu Charana Gouda has been convicted under section 20(b)(ii)(B) of the N.D.P.S. Act and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.1,00,000/- (rupees one lakh), in default, to undergo further R.I. for a period of six months by the learned Addl. District & Sessions Judge, LR & LTV, Ganjam, Berhampur in 2(a) C.C. Case No.15 of 2022 (N).

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 13.03.2022 and thus, out of three years of substantive sentence // 2 //

imposed by the learned trial Court, the petitioner has already undergone one year of substantive sentence and there is no likelihood of hearing of the appeal in the near future and balance of convenience lies in his favour and the bar under section 37 of the N.D.P.S. Act is not applicable for the offence for which the petitioner has been found guilty and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State placed paragraph 17 of the impugned judgment wherein the learned trial Court had discussed as to why it can be a case under section 20(b)(ii)(B) of the N.D.P.S. Act.

Considering the submissions made by the learned counsel for the respective parties, the sentence imposed by the learned trial Court, the period of substantive sentence undergone by the petitioner in judicial custody 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 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.

The I.A. is disposed of.

( S.K. Sahoo) Judge

// 3 //

I.A. No. 449 of 2023

04. 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 dated 19.01.2023 passed by the learned Addl. District & Sessions Judge, LR & LTV, Ganjam, Berhampur in 2(a) C.C. Case No.15 of 2022 (N) pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo