Jogendra Behera vs State Of Odisha
2023 Latest Caselaw 12351 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.1084 of 2023

              Jogendra Behera                        ....     Appellant/
                                                             Petitioner

                                    Mr. A.K. Nath, Advocate

                                       -versus-

              State of Odisha                        ....   Respondent/
                                                            Opp. Party

                                    Mr. Arupananda Das
                                    Addl. Government Advocate

                                      CORAM:
                                 JUSTICE S.K. SAHOO
                                      ORDER

Order No. 10.10.2023

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

Heard.

Admit.

Call for the trial Court record.

( S.K. Sahoo) Judge

I.A. No.2424 of 2023

02. This is an application under Section 389 of Cr.P.C.

for grant of bail.

Heard.

The appellant-petitioner has been convicted under section 325 of the Indian Penal Code and sentenced to // 2 //

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 three months by the learned Special Judge, Angul in C.T. (Special) Case No.45 of 2017/C.T. (Special) No.18 of 2017.

Perused the impugned judgment. Considering the submission made by the learned counsel for the petitioner that the petitioner was on bail during trial and he has never misutilised his liberty and the substantive sentence imposed by the learned trial Court against the petitioner is for three years and there is no chance of early hearing of appeal in the near future and balance of convenience is in favour of the petitioner and on hearing the learned counsel for the State, 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 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.2423 of 2023

03. Heard.

There shall be stay of realization of fine amount imposed by the learned trial Court on the appellant-

// 3 //

petitioner 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

Signature Not Verified Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 12-Oct-2023 17:52:45