Orissa High Court
Akash Sirka vs State Of Odisha on 16 January, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.30 of 2025
Akash Sirka ..... Appellant
Represented By Adv. -
Mr. Anirudha Das
-versus-
State Of Odisha ..... Respondent
Represented By Adv. -
Mr. M.R. Mohanty, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
16.01.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard.
3. Admit.
4. Call for the digitized copy of the LCR.
5. This interlocutory application has been filed by the
Petitioner-Appellant seeking his release on bail.
6. Heard learned counsel for the Petitioner-Appellant as well
as learned Additional Government Advocate appearing for the
State-Respondent.
7. It is stated by the Learned counsel for the Petitioner-
Appellant that the Petitioner-Appellant has been convicted for
commission offence punishable under Section 20(b)(ii)B of the
N.D.P.S. Act and he has been sentenced to undergo rigorous
imprisonment for 3 (three) years and to pay a fine of
Rs.50,000/-, in default, to undergo rigorous imprisonment for a
further period of six months for the aforesaid offence. Learned
counsel for the Petitioner-Appellant further contended that the
Petitioner-Appellant is in custody since the date of his arrest, i.e.
23.03.2024. Learned counsel for the Petitioner-Appellant
further submitted that there is no possibility of the appeal being
heard in the near future. In such view of the matter, learned
counsel for the Petitioner-Appellant submitted that unless the
Petitioner-Appellant is released on bail, the appeal may become
infructuous.
8. Learned counsel for the State-Respondent, on the other
hand, opposed the release of the Petitioner-Appellant on bail on
the ground that there exists a case against the present Petitioner
as he has already been found guilty and has been convicted.
9. Taking into consideration the submissions made by the
learned counsels appearing for the respective parties and further
keeping in view the period of sentence already undergone, i.e.
near about 10 months and further keeping in view the fact that
there is no possibility of appeal being heard in the near future,
this Court is inclined to release the Petitioner-Appellant on bail.
10. Hence, it is directed that the Petitioner-Appellant be
released on bail by the learned Additional Sessions Judge-cum-
Special Judge, Titilagarh in 2(a)CC Case No.07 of 2024 on such
terms and conditions as it may deem just and proper. It is made
clear that violation of any of the conditions, which is likely to be
imposed by the trial court, shall entail cancellation of bail.
11. The I.A. is disposed of.
12. This is an application for staying the realization of fine.
13. Heard learned counsel for the Petitioner-Appellant as well
as learned Additional Government Advocate appearing for the
State-Respondent.
14. Considering the submission made by the learned counsel
for the Petitioner-Appellant, it is directed that realization of fine
amount under the impugned judgment in 2(a)CC Case No.07 of
2024 passed by learned Additional Sessions Judge-cum-Special
Judge, Titilagarh shall remain stayed till disposal of the appeal.
15. The I.A. is disposed of.
Urgent certified copy of this order be granted on proper
application.
( Aditya Kumar Mohapatra)
