Orissa High Court
Chakradhar Punji And vs State Of Odisha on 11 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.414 of 2023
Chakradhar Punji and .... Appellants/
others Petitioners
Mr. S.K. Joshi, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Arupananda Das
Addl. Govt. Advocate
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 11.05.2023
02. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Learned counsel for the appellants has filed the
consolidated cause title, which is taken on record.
Heard.
Admit.
Call for the trial Court record.
( S.K. Sahoo)
Judge
I.A. No.897 of 2023
03. This is an application under Section 389 of
// 2 //
Cr.P.C. for grant of bail.
Heard.
The appellants-petitioners have been convicted
under sections 147/341/342/323/354/355/506/149 of
the Indian Penal Code and sentenced to undergo R.I.
for a period of three years and to pay a fine of
Rs.10,000/- (rupees ten thousand), in default, to
undergo further R.I. for a period of six months for the
offences under sections 354/149 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 further R.I. for a period of three months for
the offences under sections 355/149 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 further R.I. for a period of three months
for the offences under sections 506/149 of the Indian
Penal Code, 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
offences under sections 341/149 of the Indian Penal
Code, R.I. for a period of one year 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 offences under sections 342/149 of the Indian
Penal Code, R.I. for a period of one year and to pay a
fine of Rs.1,000/- (rupees one thousand), in default,
// 3 //
to undergo further R.I. for a period of fifteen days for
the offences under sections 323/149 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 further R.I. for a period of one
month for the offences under sections 147/149 of the
Indian Penal Code and all the substantive sentences
were directed to run concurrently by the learned
Additional Sessions Judge, Kantabanji in Sessions
Case No.38 of 2018.
Perused the impugned judgment.
Learned counsel for the petitioners submitted
that the petitioners were on bail during trial and they
have never misutilised their liberty in any manner and
the substantive sentence imposed by the learned trial
Court against the petitioners 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 petitioners and therefore, the bail application of
the petitioners 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
adduced by the prosecution during trial and the fact
that the petitioners were on bail during trial and there
// 4 //
is no allegation of misutilization of their 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 appellants-petitioners be released on bail
pending disposal of the appeal on furnishing bail bond
of Rs.50,000/- (rupees fifty thousand) each 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.896 of 2023
04. Heard.
There shall be stay of realization of fine amount
imposed by the learned trial Court on the appellants-
petitioners 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
RKM
RABINDRA Digitally signed by
RABINDRA KUMAR
KUMAR MISHRA
Date: 2023.05.12
MISHRA 17:29:59 +05'30'
