Orissa High Court
Sibananda Sahoo vs State Of Odisha on 8 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.456 of 2023
Sibananda Sahoo .... Appellant/
Petitioner
Mr.S.K.Rout, 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.456 of 2023
01. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
Heard.
Admit.
Call for the trial Court records.
( S.K. Sahoo)
Judge
I.A. No. 1002 of 2023
02. This is an application for bail.
The appellant-petitioner Sibananda Sahoo has been
convicted under section 20(b)(ii)(B) of the N.D.P.S. Act
// 2 //
and sentenced to undergo rigorous imprisonment for a
period of three years and to pay a fine of Rs.20,000/-
(rupees twenty thousand) and in default, to undergo
rigorous imprisonment for a further period of six months
for the offence under section 20(b)(ii)(B) of the N.D.P.S.
Act by the learned Sessions Judge, Keonjhar vide
judgment and order dated 18.04.2023 in Special Case
No.21 of 2020.
Learned counsel for the petitioner submitted that the
petitioner was on bail during trial and he has never
misutilized the liberty. He further submitted that since the
total period of sentence imposed on the appellant by the
learned trial Court is three years, and there is no chance
of early hearing of the appeal in the near future and the
bar under section 37 of the N.D.P.S. Act is not applicable
for the offence under section 20(b)(ii)(B) of the N.D.P.S.
Act, the bail application may be favouraly considered.
Learned counsel for the State opposed the prayer for
bail.
Considering the submissions made by the learned
counsel for the respective parties, the nature of evidence
adduced during trial, the total period of sentence
awarded by the learned trial Court and the fact that the
petitioner was on bail during trial, I am inclined to
release the petitioner on bail.
Let the appellant-petitioner be released on bail
// 3 //
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 with such terms and conditions as
the learned Court may deem just and proper. Violation
of any of the conditions shall entail cancellation of bail.
The I.A. is disposed of.
( S.K. Sahoo)
Judge
I.A. No. 1003 of 2022
03. This is an application for stay of realization of fine.
Heard.
There shall be stay of realization of fine amount
imposed on the appellant-petitioner by the learned
Sessions Judge, Keonjhar vide judgment and order dated
18.04.2023 passed in Special Case No.21 of 2020 pending
disposal of the criminal appeal.
The I.A. is disposed of.
Issue certified copy as per rules.
( S.K. Sahoo)
Judge
Sipun
SIPUN Digitally signed
by SIPUN BEHERA
BEHERA Date: 2023.05.10
10:11:52 +05'30'
