Nikunja Bisoyi vs State Of Odisha
2023 Latest Caselaw 12789 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.1127 of 2023

              Nikunja Bisoyi                       ....        Appellant/
                                                             Petitioner

                                   Mr. G.K. Nayak, Advocate

                                      -versus-

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

                                   Mr. Arupananda Das,
                                   Addl. Govt. Advocate
                                      CORAM:
                                 JUSTICE S.K. SAHOO
                                     ORDER

Order No.                          16.10.2023
                              CRLA No.1127 of 2023
   01.             This     matter    is   taken        up    through   Hybrid

arrangement (video conferencing/physical Mode).

Heard.

Admit.

Call for trial Court records.

( S.K. Sahoo) Judge I.A. No.2464 of 2023

02. This is an application under section 389(2) Cr.P.C.

for grant of bail.

Perused the impugned judgment. The appellant-petitioner Nikunja Bisoyi along with another has been convicted for the offences under // 2 //

section 201/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.3,000/- (rupees three thousand) and in default, to undergo rigorous imprisonment for a further period of two months for the offences under section 201/34 of the I.P.C. by the learned Addl. Sessions Judge, Aska, Ganjam vide judgment and order dated 5th October 2023 in S.T. No. 120 of 2013.

Learned counsel for the petitioner submitted that the petitioner was on bail during trial and due to non- taking of steps, non-bailable warrant of arrest was issued and he was taken into judicial custody. Learned counsel further submitted that the substantive sentence passed by the learned trial Court is for two years and there is no chance of early hearing of the appeal in the near future and balance of convenience is in his favour and therefore, the bail application may be favouraly considered.

Learned counsel for the State, on the other hand, opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced during trial, the sentence imposed by the learned trial Court and absence of any chance of early hearing of the appeal in the near future. I am inclined to release the petitioner on bail.

// 3 //

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 with such terms and conditions as the learned Court may deem just and proper.

The I.A. is disposed of.

( S.K. Sahoo) Judge I.A. No.2463 of 2023

03. This is an application for stay of realization of fine.

Heard.

There shall be stay of realization of fine amount imposed on the appellant-petitioner by the learned Addl. Sessions Judge, Aska, Ganjam vide judgment and order dated 5th October 2023 in S.T. No.120 of 2013 pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue certified copy as per rules.

( S.K. Sahoo) Judge sipun

Signature Not Verified Digitally Signed

Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 17-Oct-2023 16:29:18