Munna Behera vs State Of Odisha
2023 Latest Caselaw 12883 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.767 of 2017

              Munna Behera                          ....    Appellant/
                                                          Petitioner

                                   Mr. Srinibas Parija, Advocate

                                         -versus-

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

                                   Mr. Arupananda Das
                                   Addl. Govt. Advocate

                                      CORAM:
                                 JUSTICE S.K. SAHOO
                                   ORDER

Order No.                       17.10.2023
                             I.A. No.2296 of 2023
   10.            This   matter     is    taken     up   through   Hybrid

arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned counsel for the State.

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

Perused the impugned judgment. The appellant-petitioner has been convicted for the offences punishable under sections 20(b)(ii)(C) /25 of the N.D.P.S. Act and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/- (rupees one lakh), in default, to undergo rigorous imprisonment for a further period of one year for the offence under // 2 //

section 20(b)(ii)(C) of the N.D.P.S. Act and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/-(rupees one lakh), in default, to undergo rigorous imprisonment for a further period of one year for the offence under section 25 of the N.D.P.S. Act and both the sentences were directed to run concurrently by the learned Special Judge, Gajapati, Paralakhemundi vide judgment and order dated 13th October 2017 in G.R. Case No.36 of 2014/T.R. No.28 of 2015.

Considering the submission made by the learned counsel for the petitioner that out of ten years of substantive sentence imposed by the learned trial Court, the petitioner has already undergone more than nine years of sentence and earlier he was granted interim bail by this Court vide order dated 29.11.2022 passed in I.A. No.720 of 2022 and after availing the same, he surrendered at right time and on hearing learned counsel for the State and since there is no chance of early hearing of the appeal in the near future and keeping in view the ratio laid down by the Hon'ble Supreme Court in the case of Mohd Muslim @ Hussain -Vrs.- State (NCT of Delhi) reported in 2023 LiveLaw (SC) 260, 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

// 3 //

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 accordingly disposed of.

( S.K. Sahoo) Judge Misc. Case No.2061 of 2017

11. 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 pursuant to the judgment and order dated 13th October 2017 passed by the learned Special Judge, Gajapati, Paralakhemundi in G.R. Case No.36 of 2014/T.R. No.28 of 2015 pending disposal of the criminal appeal.

The Misc. Case is disposed of.

Issue certified copy as per rules.

( S.K. Sahoo) Judge sipun

Signature Not Verified Digitally Signed Signed by: SIPUN BEHERA Designation: Junior Stenographer Reason: Authentication

Date: 18-Oct-2023 13:57:33