Orissa High Court
K. Balaji Achari @ Acharya & vs State Of Odisha & Another & on 12 September, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.576 of 2022
K. Balaji Achari @ Acharya &. Appellant/
Petitioner
Mr. P.K. Sahoo, Advocate
-versus-
State of Odisha & another &. Respondents/
Opp. Parties
Mr. Rajesh Tripathy
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 12.09.2023
I.A. No.1888 of 2023
02. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
This is an application for condonation of delay in
preferring the appeal against the impugned judgment
and order of conviction.
The Stamp Reporter has pointed out that there is a
delay of two hundred ninety three days in filing the CRLA.
After going through the averments taken in the
interim application and on hearing the learned counsel
for both the parties, since it is a case of conviction and
// 2 //
substantive sentence of two years has been imposed
against the appellant, I am inclined to condone the delay
in filing the CRLA.
Accordingly, the I.A. is disposed of.
( S.K. Sahoo)
Judge
CRLA No.576 of 2022
03. Heard.
Admit.
Call for the trial Court record.
( S.K. Sahoo)
Judge
I.A. No.1102 of 2022
04. This is an application under Section 389 of Cr.P.C.
for grant of bail.
Heard.
The appellant-petitioner has been convicted under
sections 354/506 of the Indian Penal Code and
sentenced to undergo R.I. for a period of two years and
to pay a fine of Rs.2,000/- (rupees two thousand), in
default, to undergo further R.I. for a period of six months
for the offence under section 354 of the Indian Penal
Code and R.I. for a period of two years for the offence
// 3 //
under section 506 of the Indian Penal Code and both the
substantive sentences were directed to run concurrently
by the learned Additional Sessions Judge -cum- Special
Judge, Koraput in C.T. Case No.34 of 2016.
Perused the impugned judgment.
Learned counsel for the petitioner submitted that
though the petitioner was on bail during trial and he has
never misutilised his liberty in any manner but due to
non-bailable warrant of arrest was issued against him, he
was taken into judicial custody on 23.08.2023 and the
substantive sentence imposed by the learned trial Court
against the petitioner is for two years and there are good
chances of success in the appeal 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
therefore, the bail application of the petitioner may be
favourably considered.
Learned counsel for the State opposed the prayer
for bail.
Considering the submissions of learned counsel for
the respective parties, the nature of evidence adduced by
the prosecution during trial and the fact that the
petitioner was on bail during trial and there is no
allegation of misutilization of his liberty while on bail and
absence of any chance of early hearing of the appeal in
the near future, the prayer for bail is allowed.
// 4 //
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.1101 of 2022
05. Heard.
There shall be stay of realization of fine amount
imposed by the learned trial Court on the appellant-
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: 15-Sep-2023 14:35:30
