Sangram Keshari Patra vs State Of Odisha (Opid)
2023 Latest Caselaw 14157 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.1147 of 2023

              Sangram Keshari Patra              ....   Appellant/
                                                      Petitioner

                                 Mr.B.C. Ghadei, Advocate

                                      -versus-

              State of Odisha (OPID)             ....   Respondent/
                                                      Opp.Party

                                 Mr. B.N. Bhuyan
                                 Special Counsel(OPID)

                                  CORAM:
                             JUSTICE S.K. SAHOO
                                   ORDER

Order No. 10.11.2023 I.A. No. 2530 of 2023

02. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This is an application for bail. Learned counsel for the petitioner does not want to press this application.

The I.A. stands disposed of as not pressed.

( S.K. Sahoo) Judge CRLA No.1147 of 2023

03. Learned counsel for the appellant submitted that he has removed the defects as pointed out by the Stamp // 2 //

Reporter.

Heard Admit.

Call for the trial Court records.

( S.K. Sahoo) Judge

I.A. No. 2530 of 2023

04. This is an application for grant of bail.

The appellant-petitioner along with another have been convicted under sections 420/406/120-B of the Indian Penal Code read with sections 4 and 5 of the Prize Chit and Money Circulation (Banning) Act, 1978 (in short, 'Act, 1978') and sentenced to undergo rigorous imprisonment for a period of three years each 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 420 of the Indian Penal Code, to undergo rigorous imprisonment for a period of two years each 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 of the Indian Penal Code, to undergo rigorous imprisonment for a period of three years each 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 120-B/34 of the Indian Penal Code and to undergo simple imprisonment for a period of one year and to pay a fine of Rs.1,000/- (rupees one thousand), in default, to undergo further S.I. for a

// 3 //

period of one month for the offence under section 4 and 5 of the Act, 1978 and all the sentences were directed to run concurrently by the learned Presiding Officer, Designated Court under O.P.I.D. Act, Balasore in C.T. Case No. 03(C) of 2021.

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. 2529 of 2023

05. 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 12.10.2023 passed by the learned Presiding Officer, Designated Court under O.P.I.D. Act,

// 4 //

Balasore in C.T. Case No. 03(C) of 2021 pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo

Signature Not Verified Digitally Signed Signed by: PRAMOD KUMAR SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 13-Nov-2023 17:49:07