Rabi @ Rabindra Bhoi vs State Of Orissa
2021 Latest Caselaw 12988 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 CRLREV No. 402 of 2021

              Rabi @ Rabindra Bhoi                       ....            Petitioner
                                                        Mr. A.K. Sahoo, Advocate

                                              Versus
              State of Orissa                         ....         Opp. Party
                                         Mr. Sibani Shankar Pradhan, A.G.A.


                          CORAM:
                          JUSTICE SAVITRI RATHO

                                            ORDER

Order No. 21.12.2021

03. This matter is taken up through hybrid mode.

As the delay has already been condoned by order dated 13.12.2021, the matter is taken up for fresh admission.

Heard.

Admit.

Issue notice.

Since Mr. Sibani Shankar Pradhan, learned Addl. Govt. Advocate accepts notice on behalf of sole Opposite Party -State, one extra copy of the brief be served on him within one week. Call for the photocopy of the L.C.R.

List this matter on 08.03.2022.

.........................

(Savitri Ratho) Judge

I.A. No. 641 of 2021

04. Heard Mr. A.K. Sahoo, learned counsel for the petitioner and Mr. Sibani Shankar Pradhan, learned Addl. Govt. Advocate for the State.

This is an application for grant of bail.

// 2 //

The petitioner has been convicted under Sections 341/323/ 307/427 of the Indian Penal Code and sentenced to undergo S.I. for a period of one month for the offence under Section 341 of IPC, undergo S.I. for three months for the offence under Section 323 of IPC, S.I. for one year for the offence under Section 417 of IPC and R.I. for three years for the offence under Section 307 of IPC and to pay a fine of Rs.10,000/-, in default further R.I. for one year with a direction for all the sentences to run concurrently by the learned C.J.M. -cum- A.S.J., Khurda in C.T. Case No.24/65 of 2017. In Criminal Appeal No.3 of 2019, his conviction and sentence under Sections 323/341/427 of IPC has been conferred but his conviction for the offence under Section 307 of IPC has been set aside by the learned Sessions Judge, Angul.

Mr. Sahoo, learned counsel for the petitioner submits that the petitioner had been arrested during investigation and had thereafter been released on bail. He was on bail during pendency of the appeal and after passing of the judgment in the criminal appeal, NBW of arrest had been issued against him for which he has been arrested and he is in custody since 21.08.2021. He further submits that the petitioner has virtually served out the sentence imposed on him but he may be permitted to obtain concrete instructions regarding the same.

Considering the above submission, it is directed that the petitioner- Rabi @ Rabindra Bhoi shall be released on bail to the satisfaction of the learned C.J.M. -cum- A.S.J., Khurda in C.T. Case No.24/65 of 2017 during pendency of the Criminal revision, on such terms and conditions as deemed fit and proper by the learned Court.

The I.A. is disposed of.

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

.........................

(Savitri Ratho) Judge Sukanta