Dhabaleswar Behera @ vs State Of Odisha
2023 Latest Caselaw 12795 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              CRLA No.1135 of 2023

              Dhabaleswar Behera @                 ....        Appellant/
              Dhuba                                          Petitioner

                                  Mr. Jnyanananda Panda,
                                  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.1135 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.2494 of 2023

02. This is an application under section 389 Cr.P.C. for grant of bail.

Perused the impugned judgment. The appellant-petitioner Dhabaleswar Behera @ Dhuba has been convicted for the offence under section // 2 //

304 Part-II of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.10,000/- (rupees ten thousand) and in default, to undergo rigorous imprisonment for a further period of six months for the offence under section 304 Part-II of the I.P.C. by the learned Sessions Judge, Kalahandi vide judgment and order dated 29th September 2023 in C.T. Case No.32 of 2020 (Sessions).

Learned counsel for the petitioner submitted that the petitioner was on bail during trial and he has never misutilized the liberty. He further submitted that after conviction, he was taken into judicial custody. Learned counsel further submitted that the substantive sentence passed by the learned trial Court is five 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 fact that the petitioner was on bail during trial and never misutilized the liberty and absence of any chance of early hearing of the appeal in the near future. I am inclined to release

// 3 //

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 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.2495 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 Sessions Judge, Kalahandi vide judgment and order dated 29th September 2023 in C.T. Case No.32 of 2020 (Sessions) 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