Orissa High Court
Krushna Chandra Sahu vs State Of Odisha (Opid) on 17 April, 2023
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.359 of 2023
Krushna Chandra Sahu .... Appellant/
Petitioner
Mr. N. Lenka, Advocate
-versus-
State of Odisha (OPID) .... Respondent/
Opp. Party
Mr. J.P. Patra
Special Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 17.04.2023
01. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Heard.
Admit.
Call for the trial Court record.
( S.K. Sahoo) Judge I.A. No.777 of 2023
02. This is an application under Section 389 of Cr.P.C. for grant of bail.
Heard.
The appellant-petitioner has been convicted // 2 // under sections 420/406/409/467/468/471/120-B/34 of the Indian Penal Code read with sections 4/5/6 of the Prize Chit Money Circulation (Banning) Act, 1978 (hereafter 8PCMCS (Banning) Act, 19789) and section 6 of the Odisha Protection of Interest of Depositors (in Financial Establishments) Act, 2011 (hereafter, 8O.P.I.D. Act9) and sentenced to undergo R.I. for a period of five years and to pay a fine of Rs.1,00,000/- (rupees one lakh), in default, to further undergo R.I. for a period of one year for the offence under section 6 of the O.P.I.D. Act, R.I. for a period of two years and to pay a fine of Rs.20,000/- (rupees twenty thousand), in default, to further undergo R.I. for a period of three months for the offence under section 406/34 of the Indian Penal Code, R.I. for a period of three years and to pay a fine of Rs.20,000/- (rupees twenty thousand), in default, to further undergo R.I. for a period of three months for the offence under section 420/34 of the Indian Penal Code, R.I. for a period of three years and to pay a fine of Rs.20,000/- (rupees twenty thousand), in default, to further undergo R.I. for a period of three months for the offence under section 120-B/34 of the Indian Penal Code, R.I. for a period of three years and to pay a fine of Rs.20,000/- (rupees twenty thousand), in default, to further undergo R.I. for a period of three months for the offence under section 467/34 of the Indian Page 2 of 6 // 3 // Penal Code, R.I. for a period of two years and to pay a fine of Rs.20,000/- (rupees twenty thousand), in default, to further undergo R.I. for a period of three months for the offence under section 468/34 of the Indian Penal Code, R.I. for a period of two years and to pay a fine of Rs.20,000/- (rupees twenty thousand), in default, to further undergo R.I. for a period of three months for the offence under section 471/34 of the Indian Penal Code, R.I. for a period of three years and to pay a fine of Rs.20,000/- (rupees twenty thousand), in default, to further undergo R.I. for a period of three months for the offence under section 409/34 of the Indian Penal Code and S.I. for a period of one year and to pay a fine of Rs.1,000/- (rupees one thousand), in default, to further undergo S.I. for a period of one month for the offences under sections 4/5/6 of the PCMCS (Banning) Act, 1978 and all the substantive sentences were directed to run concurrently by the learned Presiding Officer, Designated Court under O.P.I.D. Act, Balasore in C.T. Case No.05(C) of 2015.
Perused the impugned judgment.
Learned counsel for the appellant-petitioner submitted that the petitioner was on bail during trial and he has never misutilised his liberty and there are good chances of success in the appeal and there is no chance of early hearing of appeal in the near future Page 3 of 6 // 4 // and balance of convenience is in favour of the petitioner and therefore, the bail application of the petitioner may be favourably considered.
Mr. J.P. Patra, learned Special Counsel appearing for the State of Odisha in O.P.I.D. Act matters 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, the sentence imposed by the learned trial Court, 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.
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.
Accordingly, the I.A. is disposed of.
( S.K. Sahoo) Judge I.A. No.776 of 2023
03. Heard.
There shall be stay of realization of fine amount Page 4 of 6 // 5 // 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 CRLA No.359 of 2023
04. On perusal of the accused details in page no.2 of the judgment under the heading of sentence imposed, no details of sentence have been mentioned.
Let an explanation be called for from the learned trial Court i.e. learned Presiding Officer, Designated Court under O.P.I.D. Act, Balasore in C.T. Case No.05(C) of 2015 as to under what circumstances, he has not furnished the details of sentence in the judgment under the heading of sentence imposed.
For such purpose, the file be placed before the learned Registrar (Judicial) of this Court, who shall send a copy of this order to the Court concerned immediately through e-mail and the explanation shall be furnished in a sealed cover so as to reach this Court on or before 26.04.2023 and the learned Registrar (Judicial) shall place the same on the next date.
List this matter in the week commencing from Page 5 of 6 // 6 // 01.05.2023 indicating the names of Mr. Bibekananda Bhuyan and Mr. J.P. Patra, learned Special Counsel appearing for the State of Odisha in O.P.I.D. Act matters in the cause list as well as at the top of the brief.
( S.K. Sahoo) Judge RKM Page 6 of 6