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Judgment
28 paragraphs · 398 wordsS.K. Sahoo, J
This matter is taken up by video conferencing mode.
Heard.
Admit.
Call for the Trial Court record as well as the Appellate Court record.
I.A. NO.75 OF 2021
This is an application for grant of bail.
The petitioner has been convicted under section 354 of the Indian Penal Code and sentenced to undergo S.I. for a period of one year and to pay a fine
of Rs.3,000/- (rupees three thousand), in default of fine, to further undergo S.I. for three months and for his conviction under section 323 of the Indian
Penal Code, the petitioner is sentenced to S.I. for a period of three months and to pay a fine of Rs.1,000/- (rupees one thousand), in default of fine, to
further undergo S.I. for one month and both the sentences were directed to run concurrently by the learned J.M.F.C., Phulbani in G.R. Case No.602
of 2016 which has been confirmed in the appeal.
Learned counsel for the petitioner submits that the petitioner was on bail during trial as well as during pendency of the appeal and he has never
misutilized his liberty and therefore, the bail application may favourably considered.
Considering the submissions made by the learned counsel for the petitioner, the sentence imposed by the learned trial Court, the fact that the petitioner
was on bail during trial and during pendency of the appeal and absence of any chance of early hearing of the revision petition in the near future, I am
inclined to release the petitioner on bail.
Let the petitioner be released on bail pending disposal of the revision petition on furnishing personal bond of Rs.20,000/- (rupees twenty 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.
I.A. NO.74 OF 2021
Heard
There shall be stay of realization of fine amount imposed by the learned Trial Court on the petitioner pending disposal of the criminal revision.
The I.A. is disposed of.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available
in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s
Notice No. 4587 dated 25th March 2020 as modified by Court’s Notice No. 4798 dated 15th April 2021.
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