Tuleshwar Sahu & Others vs State Of Odisha
2023 Latest Caselaw 5416 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.449 of 2023

              Tuleshwar Sahu & others            ....     Appellants/
                                                        Petitioners

                                   Mr.T.P. Mohapatra, Advocate

                                     -versus-

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

                                   Mr.Arupananda Das
                                   Addl.Govt. Advocate
                                  CORAM:
                             JUSTICE S.K. SAHOO
                                     ORDER

Order No.                          08.05.2023
                             CRLA No.449 of 2023

   01.           This     matter    is   taken    up     through   Hybrid

arrangement (video conferencing/physical mode).

Heard.

Admit.

Call for the trial Court records. Learned counsel for the appellants submitted that he will file a corrected index within a week.

( S.K. Sahoo) Judge

I.A. No. 985 of 2023

02. This is an application for grant of bail.

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The appellants-petitioners have been convicted under sections 354/323/294/341/34 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 two thousand) and in default, to undergo further R.I. for a period of two months for the offence under section 354/34 of the Indian Penal Code, to undergo R.I. for a period of one year and to pay a fine of Rs.2,000/- (rupees two thousand), in default, to undergo further R.I. for a period of one month for the offence under section 323/34 of the Indian Penal Code, to undergo R.I. for a period of three months and to pay a fine of Rs.1,000/- (rupees one thousand), in default, to undergo further R.I. for a period of fifteen days for the offence under section 294/34 of the Indian Penal Code and to undergo R.I. for a period of one month and to pay a fine of Rs.500/- (rupees five hundred), in default, to undergo further R.I. for a period of seven days for the offence under section 341/34 of the Indian Penal Code and all the substantive sentences were directed to run concurrently by the learned Addl. Sessions Judge, Kantabanji in Sessions Case No.25 of 2020.

Considering the submissions made by the learned counsel for the respective parties, the sentence imposed by the learned trial Court, the fact that the petitioners were on bail during trial and there is no allegation that

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they have misutilised the liberty and absence of chance of early hearing of the appeal in the near future, I am inclined to release the petitioners on bail.

Let the petitioners be released on bail pending disposal of the appeal on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) each 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 I.A. No.984 of 2023

03. 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 petitioners pursuant to the judgment and order dated 31.03.2023 passed by the Addl. Sessions Judge, Kantabanji in Sessions Case No.25 of 2020 pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge Sipun

SIPUN Digitally signed by SIPUN BEHER BEHERA Date: 2023.05.10

A 10:09:50 +05'30'