Saroj Pihan vs State Of Odisha
2024 Latest Caselaw 5893 Ori

Orissa High Court

Saroj Pihan vs State Of Odisha on 2 April, 2024

Author: S.K. Sahoo

Bench: S.K. Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              CRLA No.238 of 2024

              Saroj Pihan                            ....   Appellant/
                                                          Petitioner

                                  Mr. A. K. Biswal, Advocate

                                      -versus-

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

                                  Mr. Arupananda Das,
                                  Addl. Government Advocate

                                   CORAM:
                              JUSTICE S.K. SAHOO

                                  ORDER

Order No.                       02.04.2024
                            CRLA No.238 of 2024

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

02. This is an application for bail.

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

The appellant-petitioner Saroj Pihan has been // 2 //

convicted under section 20(b)(ii)(B) of the N.D.P.S. Act and sentenced to undergo R.I. for a period of three years and to pay a fine of Rs.25,000/-(rupees twenty five thousand) in default, to undergo R.I. for six months by the learned Addl. Sessions Judge -cum- Special Judge, Athagarh in Spl. Case No.02 of 2016.

Learned counsel for the petitioner submitted that the petitioner was on bail during trial and after the impugned judgment and order of conviction and sentence was passed, he is also on bail and has never misutilized the liberty granted to him and therefore, the petitioner may be directed to be released on bail pending disposal of the appeal.

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 accusation against the petitioner, the quantity of ganja seized from the possession of the petitioner and absence of bar under section 37 of the N.D.P.S. Act for such quantity and absence of chance of early hearing, I am inclined to release the petitioner on bail.

Let the 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.

I.A. is accordingly disposed of.

( S.K. Sahoo) Judge

// 3 //

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

Heard.

There shall be stay of realization of fine amount imposed on the appellants-petitioners by the learned Addl. Sessions Judge -cum- Special Judge, Athagarh in Spl. Case No.02 of 2016 pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue certified copy as per rules.

( S.K. Sahoo) Judge

M.K.Rout