Surendra Das @ Hadia vs State Of Odisha
2023 Latest Caselaw 11400 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.979 of 2023

              Surendra Das @ Hadia                ....         Appellant/
                                                             Petitioner

                                 Mr. Ashok Jena, Advocate.

                                     -versus-

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

                                 Mr. Priyabrata Tripathy,
                                 Addl. Standing Counsel.

                                  CORAM:
                              JUSTICE S.K. SAHOO
                                   ORDER

Order No.                        18.09.2023
                             CRLA No.979 of 2023

   01.             This     matter   is   taken        up    through   Hybrid

arrangement (video conferencing/physical Mode).

Heard.

Admit Call for the trial Court records.

(S.K. Sahoo) Judge I.A. No.2104 of 2023

02. This is an application for bail.

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

The appellant-petitioner Surendra Das @ Hadia has // 2 //

been convicted under section 307 of the Indian Penal Code and sentenced to undergo R.I. for a period of four years and to pay a fine of Rs.1,000/- (rupees one thousand), in default, to undergo R.I. for a further period of three months by the learned Additional Sessions Judge, Cuttack in S.T. Case No.266 of 2022.

Learned counsel for the petitioner submitted that the petitioner was on bail during trial and has never misutilized the liberty granted to him and after pronouncement of the judgment, he has been taken into judicial custody and therefore, the petitioner may be directed to be released on bail pending disposal of the appeal.

Learned counsel for the State opposed the prayer for bail.

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

Let the appellant-petitioner be released on surrendering before the learned trial Court 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.

// 3 //

The I.A. is disposed of.

( S.K. Sahoo) Judge

I.A. No. 2105 of 2023

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

Heard.

Considering the submissions made by the learned counsel for the parties, let there be stay of realization of fine amount imposed by the learned trial Court on the appellant-petitioner pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue urgent certified copy as per Rules. Free copy of the order be supplied to the learned counsel for the State.

(S.K. Sahoo) Judge amit

Signature Not Verified Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 22-Sep-2023 17:30:11