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Orissa High Court

CRLREV/179/2020 on 16 July, 2020

Author: Savitri Ratho

Bench: Savitri Ratho

                         CRLREV No. 179 of 2020




2. 16.07.2020               Heard. Issue Notice to the Opp party No 2
                by registered post / speed post with A.D fixing a short
                returnable date. Requisites be filed within one week.
                Call for the lower court records from the courts below.


                                                       .........................
                                                       Savitri Ratho, J.

I.A. No. 227 of 2020

3. 16.07.2020 This is an application for grant of bail. Heard.

The petitioner has been convicted under section 138 of the N.I. Act and sentenced to undergo S.I. for a period of six months and to pay a compensation of Rs.2,50,000/- (rupees two lakhs fifty thousand only) to the complainant by the learned Civil Judge -cum- J.M.F.C., Rourkela in I.C.C. Case No.20 of 2013 (T.R. No. 1069 of 2014) which was confirmed in 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 misutilised his liberty and therefore, he may be granted bail. He further submits that there is a good chance of success in the revision and balance of convenience is in favour of the petitioner.

Considering the submissions of learned counsels for the respective parties and the fact that the petitioner was on bail during trial as well as during pendency of the appeal, the prayer for bail is allowed.

Let the petitioner be released on bail pending disposal of the revision on furnishing personal bond of Rs.20,000/- (rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Trial Court.

The I.A e is disposed of.

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Savitri Ratho, J.

4. 16.07.2020 This is an application for stay of realization the fine . It is found from a perusal of the impugned judgments that no fine has been imposed but the petitioner has been directed to pay compensation of Rs 2,50,000/- which shall be paid to the complainant . Hence no order should be passed without hearing the Opp party No 2 .

Hence issue notice to the Opp Party No 2 in this I.A .

Rohit List this matter after service return of the notice on the opposite party no.2.

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Savitri Ratho, J.