Orissa High Court
Sadhu Bariha vs State Of Odisha on 1 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.434 of 2023
Sadhu Bariha .... Appellant/
Petitioner
Mr. J.N. Panda, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Rajesh Tripathy
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
01.05.2023
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.953 of 2023
02. This is an application under Section 389 of
Cr.P.C. for grant of bail.
Heard.
// 2 //
The appellant-petitioner has been convicted
under sections 307/323 of the Indian Penal Code and
sentenced to undergo R.I. for a period of three years
and to pay a fine of Rs.5,000/- (rupees five
thousand), in default, to undergo further R.I. for a
period of one month for the offence under section 307
of the Indian Penal Code and R.I. for a period of three
months for the offence under section 323 of the
Indian Penal Code and both the substantive sentences
were directed to run concurrently by the learned
Sessions Judge, Kalahandi, Bhawanipatna in C.T. Case
No.22 of 2017 (Sessions).
Perused the impugned judgment.
Learned counsel for the petitioner submitted that
the petitioner was on bail during trial and he has
never misutilised his liberty in any manner and the
substantive sentence imposed by the learned trial
Court against the petitioner is for three years 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 therefore, the bail application of the
petitioner may be favourably considered.
Learned counsel for the State opposed the prayer
for bail.
Considering the submissions of learned counsel
for the respective parties, the nature of evidence
// 3 //
adduced by the prosecution during trial and the fact
that the petitioner was on bail during trial and there is
no allegation of misutilization of his liberty while on
bail and absence of any chance of early hearing of the
appeal in the near future, the prayer for bail is
allowed.
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
I.A. No.954 of 2023
03. 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 as
per rules.
( S.K. Sahoo)
Judge
RABINDRA Digitally signed by
RABINDRA KUMAR
KUMAR MISHRA
Date: 2023.05.03 13:23:40
MISHRA +05'30'
