Adip Chandra Nayak vs State Of Odisha
2023 Latest Caselaw 5419 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.362 of 2023

              Adip Chandra Nayak                  ....      Appellant/
                                                          Petitioner

                                    Mr.S. K. Das, 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.362 of 2023

   01.            This     matter    is   taken    up     through   Hybrid

arrangement (video conferencing/physical mode).

Heard.

Admit.

Call for the trial Court records. Mr. S.K. Das, learned counsel submitted that he has filed his appearance memo.

The name of Mr. S.K. Das be reflected in the cause list as well as at the top of the brief henceforth.

( S.K. Sahoo) Judge // 2 //

I.A. No. 782 of 2023

02. This is an application for grant of bail.

The appellant-petitioner has been convicted under sections 306 the Indian Penal Code and sentenced to undergo R.I. for a period of four years and to pay a fine of Rs.50,000/- (rupees fifty thousand) and in default, to undergo further R.I. for a period of six months for the offence under section 306 of the Indian Penal Code by the learned Sessions Judge, Ganjam, Berhampur in Sessions Trial No.208 of 2010.

Considering the submissions made by the learned counsel for the respective parties, the sentence imposed by the learned trial Court, the fact that the petitioner was on bail during trial and there is no allegation that he has 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 petitioner be released on bail 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.

The I.A. is disposed of.

( S.K. Sahoo) Judge

// 3 //

I.A. No.783 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 petitioner pursuant to the judgment dated 27.03.2023 passed by the Sessions Judge, Ganjam, Berhampur in Sessions Trial No.208 of 2010 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 BEHERA

BEHERA Date: 2023.05.10 10:18:47 +05'30'