Orissa High Court
Bhubaneswar Mishra vs Central Bureau Of on 1 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.468 of 2023
Bhubaneswar Mishra .... Appellant/
Petitioner
Mr. A. Dash, Advocate
-versus-
Central Bureau of .... Respondent/
Investigation (CBI), Opp. Party
Bhubeneswar
Mr. Sarthak Nayak
Special Public Prosecutor
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
01.05.2023
I.A. No.1029 of 2023
01. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This is an application for dispensing with filing
the certified copy of the impugned judgment under
Annexure-1.
Learned counsel for the petitioner submitted that
the certified copy of the impugned judgment has been
filed in CRLA No.444 of 2023 which is to be heard
along with the petitioner and therefore, the filing of
certified copy of the judgment be dispensed with.
Considering the submissions made by the
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learned counsel for the respective parties, the filing of
certified copy of the impugned judgment under
Annexure-1 is dispensed with.
Accordingly, the I.A. is disposed of.
( S.K. Sahoo)
Judge
CRLA No.468 of 2023
02. Heard.
Admit.
Call for the trial Court record.
This matter be listed along with CRLA No.444 of
2023.
( S.K. Sahoo)
Judge
I.A. No.1031 of 2023
03. This is an application under Section 389 of
Cr.P.C. for grant of bail.
Heard.
The appellant-petitioner has been convicted
under sections 120-B/420/468/471 of the Indian
Penal Code and section 13(2) read with section
13(1)(d) of the P.C. Act, 1988 and sentenced to
undergo R.I. for a period of two years and to pay a
fine of Rs.5,000/-(rupees five thousand), in default,
to undergo R.I. for a further period of four months for
// 3 //
the offence under section 120-B of the Indian Penal
Code, R.I. for a period of two years and to pay a fine
of Rs.5,000/-(rupees five thousand), in default, to
undergo R.I. for a further period of four months for
the offence under section 420 of the Indian Penal
Code, R.I. for a period of two years and to pay a fine
of Rs.5,000/-(rupees five thousand), in default, to
undergo R.I. for a further period of four months for
the offence under section 468 of the Indian Penal
Code, R.I. for a period of two years and to pay a fine
of Rs.5,000/-(rupees five thousand), in default, to
undergo R.I. for a further period of four months for
the offence under section 471 of the Indian Penal
Code and R.I. for a period of two years and to pay a
fine of Rs.5,000/-(rupees five thousand), in default,
to undergo R.I. for a further period of four months for
the offence under section 13(1)(d) punishable under
section 13(2) of the P.C. Act, 1988 and all the
substantive sentences were directed to run
concurrently by the learned Special Judge, CBI-I,
Bhubaneswar in T.R. Case No.05 of 2013.
Learned counsel for the petitioner submitted
that the petitioner was on bail during trial and he has
never misutilised his liberty and the substantive
sentence imposed by the learned trial Court against
the petitioner is for two years and after conviction, he
has also been released on bail by the learned trial
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Court 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.
Mr. Sarthak Nayak, learned Special Public
Prosecutor for the C.B.I. opposed the prayer for bail.
Considering the submissions of learned counsel
for the respective parties, the nature of evidence
adduced by the prosecution during trial, the sentence
imposed by the learned trial Court, 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.1030 of 2023
04. Heard.
// 5 //
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.
A free copy of this order be handed over to Mr.
Sarthak Nayak, learned Special Public Prosecutor for
the C.B.I.
Urgent certified copy of this order be granted on
proper application.
( S.K. Sahoo)
Judge
RABINDRA Digitally signed
by RABINDRA
KUMAR KUMAR MISHRA
Date: 2023.05.03
MISHRA 13:29:46 +05'30'
