Lokanath Prusty @ Kanha vs State Of Odisha
2021 Latest Caselaw 8505 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                            CRLA No.99 of 2016

        Lokanath Prusty @ Kanha                    ....             Appellant

                                      -versus-
        State of Odisha                            ....           Respondent


                   CORAM: JUSTICE S. PUJAHARI

                                    ORDER

13.08.2021

Order I.A. No.226 of 2021 No.

09. 1. This matter is taken up through hybrid mode.

2. Heard, learned counsel for the Petitioner/Appellant and learned counsel for the State-Respondent/Opposite Party on the question of bail of the Petitioner/Appellant.

3. It appears that the Petitioner/Appellant has been convicted and sentenced to undergo R.I. for ten years and to pay fine of Rs.10,000/-, in default of which, to undergo R.I. for further period of two years for commission of offence punishable under Section 376 of the I.P.C.; to undergo R.I. for seven years and to pay fine of Rs.5,000/-, in default of which, to undergo R.I. for further period of one year for commission of offence under Section 366 of the I.P.C.; and to undergo R.I. for three years and to pay fine of Rs.5,000/-, in default of which, to undergo R.I. for further period of six months for commission of offence under Section 363 of I.P.C. vide judgment of conviction and order of sentence passed by the learned Assistant Sessions Judge (Spl. Track) Puri in S.T. Case No.52/64 of 2013.

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4. Learned counsel for the Petitioner/Appellant submits that since there is delay in disposal of the appeal due to Covid-19 pandemic and the Petitioner/Appellant is in custody more than 8 years 9 months, he may be release on bail.

5. It appears that Paper Books are ready, but hearing in this case is not progressing.

6. After hearing the learned counsel for the parties and after going through the materials available on record, though I am not inclined to release the Petitioner/Appellant on bail, but allow him to go on interim bail for a period of ninety days from the date of his release. Hence, trial court is directed to release the Petitioner/Appellant on interim bail in S.T. Case No.52/64 of 2013 for a period of ninety days from the date of his release on such terms and conditions as deem fit and proper to ensure his return to the custody on 91st day of his release.

7. With the aforesaid order, the I.A. stands disposed of.

                                                               (S. Pujahari)
                                                                 Judge

Order                           I.A. No.665 of 2021
No.
10.     1.         In view of the order passed in I.A. No.226 of 2021, this

interim application stands dismissed as infructuous.

(S. Pujahari) Judge

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CRLA No.99 of 2016 Order No.

11. 1. The Criminal Appeal be listed on 24th November, 2021. The Appellant shall furnish the surrender certificate on that date.

(S. Pujahari) Judge DA