Orissa High Court
Mamata Dey vs State Of Odisha(Opid) on 15 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.534 of 2023
Mamata Dey .... Appellant/
Petitioner
Mr.Millan Kanungo
Senior Advocate
-versus-
State of Odisha(OPID) .... Respondent/
Opp.Party
Mr. J.P. Patra
Special Counsel(OPID)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 15.05.2023
CRLA No. 534 of 2023
01. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Learned counsel for the appellant seeks one week
time to remove the defect in Court today.
Permission is granted.
Heard.
Admit.
Call for the trial Court records.
( S.K. Sahoo)
Judge
// 2 //
I.A. No. 1183 of 2023
02. This is an application for grant of bail.
The appellant-petitioner Mamata Dey has been
convicted under sections 420/406/409/461/467/468/
471/120-B/34 of the Indian Penal Code read with
sections 4, 5 and 6 of the Prize Chit Money Circulation
(Banning) Act, 1978 and sentenced to undergo rigorous
imprisonment for a period of two years and to pay a
fine of Rs.20,000/- (rupees twenty thousand), in
default, to undergo further R.I. for a period of three
months for the offence under section 406/34 of the
Indian Penal Code, 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 further R.I. for a period of three months for the
offence under section 409/34 of the Indian Penal Code,
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 further R.I. for a
period of three months for the offence under section
420/34 of the Indian Penal Code, to undergo rigorous
imprisonment for a period of two years and to pay a
fine of Rs.10,000/- (rupees twenty thousand) and in
default, to undergo further R.I. for a period of one
months each for the offence under section 461/34 of
the Indian Penal Code, to undergo rigorous
// 3 //
imprisonment for a period of three years and to pay a
fine of Rs.20,000/- (rupees twenty thousand) and in
default, to undergo further R.I. for a period of three
months each for the offence under section 467/34 of
the Indian Penal Code, to undergo rigorous
imprisonment for a period of two years and to pay a
fine of Rs.20,000/- (rupees twenty thousand) and in
default, to undergo further R.I. for a period of three
months for the offence under section 468/34 of the
Indian Penal Code, to undergo rigorous imprisonment
for a period of two years and to pay a fine of
Rs.20,000/- (rupees twenty thousand) and in default, to
undergo further R.I. for a period of three months each
for the offence under section 471/34 of the Indian Penal
Code, 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 further R.I.
for a period of three months each for the offence under
section 120-B/34 of the Indian Penal Code and to
undergo rigorous imprisonment for a period of one year
and to pay a fine of Rs.1,000/- (rupees one thousand)
and in default, to undergo further S.I. for a period of
one month each on each count for the offences under
sections 4, 5 and 6 of the of the Prize Chit Money
Circulation (Banning) Act, 1978 and all the sentences
were directed to run concurrently by the learned
// 4 //
Presiding Officer, Designated Court under O.P.I.D. Act,
Balasore in C.T. Case No. 10(C) of 2015.
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 petitioner on bail.
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 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. 1182 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 appellant-petitioner
pursuant to the judgment and order dated 27.04.2023
passed by the Presiding Officer, Designated Court under
// 5 //
O.P.I.D. Act, Balasore in C.T. Case No. 10(C) of 2015
pending disposal of the criminal appeal.
The I.A. is disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
PKSahoo Judge
Signature Not Verified
Digitally Signed
Signed by: PRAMOD KUMAR SAHOO
Designation: Secretary
Reason: Authentication
Location: High Court of Orissa
Date: 16-May-2023 16:02:00
