Anakara Barik & Anr vs State Of Odisha
2021 Latest Caselaw 12710 Ori

                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                       CRLREV No. 491 of 2021
                    Anakara Barik & Anr.                         ....             Petitioners
                                                             Mr. Trilochan Nanda, Advocate
                                                     -versus-
                    State of Odisha                              ....          Opposite Party
                                                                      Mr. K.K. Nayak, ASC

                             CORAM:
                             JUSTICE SAVITRI RATHO

Order No.                                ORDER
                                        11.12.2021

01. The matter is taken up by hybrid mode.

Heard.

Admit.

Issue notice.

Since Mr. K.K. Nayak, learned Additional Standing Counsel accepts notice on behalf of sole Opposite Party -State, one extra copy of the brief be served on him by 16.12.2021 to enable him to obtain instruction in the matter.

Call for the soft copy /photocopy of the L.C.R. List this matter on 11.03.2022.

(Savitri Ratho) Judge I.A. No. 705 of 2021

02. Heard.

This is an application for stay.

There shall be stay of realization of the fine amount till disposal of the criminal revision.

The I.A. is disposed of.

Urgent certified copy of this order be granted as per rules.

(Savitri Ratho) Judge P.T.O.

// 2 //

I.A. No. 704 of 2021

03. Heard.

This I.A. has been filed for releasing the petitioners on bail during pendency of this Criminal Revision.

The petitioners have been convicted for commission of offences under Sections 323/325/34 of IPC by the learned S.D.J.M., Balangir in G.R. Case No.718 of 2011 (Trial No. 120 of 2012) by judgment dated 06.10.2016 and sentenced to undergo S.I. for one year under Section 323 of IPC, to undergo S.I. for one year, to pay a fine of Rs.1000/-, in default to undergo S.I. for one more month under Section 325 of IPC with a direction for the sentences to run concurrently. This conviction and sentence have been confirmed by the learned 2nd Additional Sessions Judge, Balangir in Criminal Appeal No. 33/54 of 2016-17.

The petitioners are stated to be on bail during trial and during pendency of the Appeal.

Considering the above submission and sentence imposed, it is directed that if the petitioners, namely, Anakara Barik and Niramaya Barik surrender before the learned S.D.J.M., Balangir in G.R. Case No.718 of 2011 (Trial No. 120 of 2012) within a period of four weeks, they shall be released on bail on such terms and conditions as deemed fit and proper by the said court, during pendency of the Criminal Revision.

The I.A. is disposed of.

Urgent certified copy of this order be granted as per rules.

(Savitri Ratho) Judge

puspa