Arta @ Artatrana Sethi vs State Of Odisha
2023 Latest Caselaw 2483 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.1025 of 2022

              Arta @ Artatrana Sethi                ....     Appellant/
                                                            Petitioner

                                   Mr. B.B. Routray, Advocate

                                         -versus-

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

                                   Mr. Rajesh Tripathy,
                                   Addl. Standing Counsel

                                  CORAM:
                             JUSTICE S.K. SAHOO
                                     ORDER

Order No. 28.03.2023

I.A. No.1939 of 2022

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

This is an application under Section 389 of Cr.P.C. for grant of bail.

Heard.

The appellant-petitioner has been convicted under sections 376(2)(j)/376(2)(l)/458 of the Indian Penal Code and sentenced to undergo R.I. for a period of ten years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo further S.I. for a period of three months under each of the sections of 376(2)(j) and 376(2)(l) of the Indian // 2 //

Penal Code and R.I. for a period of five years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo further S.I. for a period of two months for the offence under section 458 of the Indian Penal Code and the sentences were directed to run concurrently by the learned Adhoc Additional Sessions Judge (FTSC), Angul in C.T.(S) Case No.17 of 2021/C.T.(S) Case No.30 of 2018.

Perused the impugned judgment. Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 12.02.2018 and thus, he has already undergone half of the substantive sentence imposed by the learned trial Court and there is no chance of early hearing of appeal in the near future and after going through the evidence of the victim (P.W.16) and the doctor (P.W.12) 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.

( S.K. Sahoo) Judge

// 3 //

I.A. No.1941 of 2022

06. Heard.

There shall be stay of realization of fine amount imposed by the learned trial Court on the appellant- petitioner till disposal of the criminal appeal.

The I.A. is disposed of.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge

RKM