Nilakantha Harijan vs State Of Orissa
2021 Latest Caselaw 13051 Ori

                         IN THE HIGH COURT OF ORISSA AT CUTTACK

                                       CRLREV No. 525 of 2021
                    Nilakantha Harijan                        ....              Petitioner
                                                            Mr. Arijeet Mishra, Advocate
                                                   -versus-
                    State of Orissa                           ....           Opposite Party
                                                                   Mr. S.S. Pradhan, AGA

                             CORAM:
                             JUSTICE SAVITRI RATHO

Order No.                                      ORDER
                                              24.12.2021

01. The matter is taken up by hybrid mode.

Heard.

Admit.

Issue notice.

Since Mr. S.S. Pradhan, learned Additional Government Advocate accepts notice on behalf of sole Opposite Party -State, one extra copy of the brief be served on him within seven working days enabling him to obtain instruction in the matter.

Call for the photocopy of the L.C.R.

List this matter on 25.03.2022.

(Savitri Ratho) Judge I.A. No. 746 of 2021

02. Heard.

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

// 2 //

The petitioner has been convicted for commission of offence under Section 307 of IPC by the learned C.J.M.-cum-Assistant Sessions Judge, Koraput at Jeypore in Criminal Trial No. 19 of 2014 corresponding to G.R. Case No. 459 of 2013 (Borigumma P.S. Case No. 81 of 2013) and sentenced to undergo R.I. for 7 years and to pay a fine of Rs.5,000/- which is to be awarded as compensation to the P.W.-9-injured Kumbhapatra Harijan under Section 357 (1) of Cr.P.C., in default to undergo further R.I. for two months. Learned Additional Sessions Judge-cum-Special Judge, Jeypore in Criminal Appeal No. 38 of 2016 by judgment and order dated 20.11.2021 has altered the conviction under Section 307 of IPC to one under Section 324 of IPC and sentenced him to undergo R.I. for two years and a fine of Rs.10,000/- , in default to undergo R.I. for three months for the commission of offence under Section 324 of IPC.

Considering the sentence imposed and the fact that the petitioner was on bail during trial as well as during pendency of the appeal and has not violated the conditions of bail, it is directed that in the event the petitioner-Nilakantha Harijan surrenders before the learned trial court, within the period of four weeks, he shall be released on bail during pendency of the criminal revision on such terms and conditions as deemed fit and proper by the said court.

The I.A. is disposed of.

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

(Savitri Ratho) Judge I.A. No. 747 of 2021

03. Heard.

This is an application for stay.

// 3 //

There shall be stay of realization of the fine amount in the file of learned C.J.M.-cum-Assistant Sessions Judge, Koraput at Jeypore in Criminal Trial No. 19 of 2014 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

puspa