Single-judge order allowing bail application under section 389 CrPC. Court released petitioners convicted under sections 392/34 IPC pending appeal disposal after confirming they underwent major part of sentence.
Petitioners released on bail pending disposal of appeal on furnishing bail bond of Rs.20,000 each with two solvent sureties each.
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CRLMA No.114 of 2020
-Versus-
State of Odisha
... Opp. party
This is an application under section 389 of Cr.P.C. for grant of bail.
Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners faced trial in the Court of learned Nyayadhikari -cum- J.M.F.C., Gram Nyayalaya, Kolnara, Rayagada in G.R.(G.N.) No.26 of 2019 for the offence punishable under section 394/34 of the Indian Penal Code and by the judgment and order dated 18.02.2020, they were convicted under section 392/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.1,000/- (rupees one thousand) each, in default, to undergo rigorous imprisonment for one month.
The petitioners preferred an appeal in the Court of learned Sessions Judge, Rayagada which has been registered as Criminal Appeal No.03 of 2020 and the learned Appellate Court has rejected the bail application on the ground that the petitioners are involved in the
offence under section 394/34 of the Indian Penal Code and that they had not spent 50% of the sentence awarded to them.
It is submitted by the learned counsel for the petitioners that the petitioner no.1 and 2 were in judicial custody during the trial and petitioner no.3 though was released on bail in this case but he was in custody in another case and the learned Appellate Court erroneously held that it is a case under section 394/34 of the Indian Penal Code and since there is no chance of early hearing of the appeal in the near future as the appeal is of the year 2020 and old criminal appeals are pending in the said Court and the offence is triable by Magistrate, the bail application of the petitioners may be favourably considered.
Learned counsel for the State has no serious objection to the same.
Considering the submissions made by the learned counsel for the respective parties, the period of sentence imposed on the petitioners for their conviction under section 392/34 of the Indian Penal Code and the fact that the petitioners have already undergone major part of substantive sentence imposed on them and the offence is triable by Magistrate, I am inclined to release the petitioners on bail.
Let the petitioners be released on bail pending disposal of the appeal on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) each with two solvent sureties each for the like amount to the
satisfaction of the learned Nyayadhikari -cum- J.M.F.C., Gram Nyayalaya, Kolnara, Rayagada.
The CRLMA is accordingly disposed of.
Urgent certified copy of this order is granted on proper application.
…………………..……
S.K. Sahoo, J.
RKM
1 issue framed by the court
Whether bail should be granted to petitioners pending disposal of appeal after serving major part of sentence imposed under sections 392/34 of IPC.
3 provisions across 2 enactments
Sudesh Karkaria
Kantu Kondagari
Padman @ Sanjay Bagh
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
