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Judgment
Mr Kabir appearing for the applicant-appellant submits that the applicant was on bail throughout the trial, and that the sentence so imposed is for term
imprisonment. He prays for bail pending appeal.
Mr Rao appearing for the State opposes the bail prayer and submits that there is a possibility of absconding from the islands, in case the accused is
released on bail.
On a query from this court, however, learned Public Prosecutor has been unable to specify regarding the post-bail conduct during the period of trial,
and there are no materials to substantiate that the applicant-appellant misused his liberty when he was on bail.
Having regard to the conduct of the petitioner and considering the prevailing circumstances, I do not think that detention during pendency of the appeal
is required.
In view of the aforesaid, I allow CRAN No.1 of 2021 and order that the applicant-appellant shall be released on bail subject to the satisfaction of the
learned Chief Judicial Magistrate, Port Blair on condition that the appellant, if released, shall meet with the Station House Officer, Anti-corruption
Branch, Port Blair once a week until further orders.
The appellant shall also furnish a security deposit of Rs.2.5 lakh in the form of fixed deposit (auto-renewable) of a nationalised bank prior to his
release with the CJM, Port Blair.
The appellant shall have an acknowledgement regarding his appearance before the Station House Officer from the office of the learned CJM, Port
Blair once in every two months.
It is made clear that in case the appellant requires to leave the islands, he shall take permission from the learned CJM, Port Blair.
All parties are to act on the website copy of this order downloaded from the official site of this court.