Santosh Sahu vs State Of Odisha
2021 Latest Caselaw 13052 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      CRLREV No. 438 of 2021
                   Santosh Sahu                            ....               Petitioner
                                                  Mr. Prasant Ku. Nayak on behalf of
                                                           Mr. R.N. Parija, Advocate
                                                  -versus-
                   State of Odisha                           ....            Opposite Party
                                                                  Mr. S.S. Pradhan, AGA

                           CORAM:
                           JUSTICE SAVITRI RATHO

Order No.                               ORDER
                                       24.12.2021
                                  I.A. No. 623 of 2021

01. The matter is taken up by hybrid mode.

Heard.

This I.A. has been filed for dispensing with the certified copy of the judgment of learned trial court under Annexure-2.

In the meanwhile, the learned trial court judgment has been filed. Hence, the I.A. is disposed of as infructuous.

(Savitri Ratho) Judge CRLREV No. 438 of 2021

02. Heard.

Admit.

Issue notice.

Requisites for issuance of notice on sole Opposite Party by Registered Post / Speed Post with A.D shall be filed within seven working days. Notice be issued making it returnable within four weeks.

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

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List this matter on 25.03.2022.

(Savitri Ratho) Judge I.A. No. 622 of 2021

03. Heard.

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

The petitioner and Kshyamasila Sahu had been convicted for commission of offences under 498(A)/ 506/34 of IPC by the learned J.M.F.C., Rajgangpur in G.R. Case No. 407 of 2005 arising out of Bargaon P.S. Case No. 93 of 2005 by judgment dated 02.04.2012 and sentenced to undergo S.I. for four months each for commission of offence under Section 506/34 IPC and further sentenced to undergo S.I. for two years for commission of offence under Section 498(A) of IPC with a direction for the sentences to run concurrently. The conviction and sentence of only the petitioner has been confirmed by the Learned Additional District & Sessions Judge, Sundargarh in Criminal Appeal No. 1/6-9/8 of 2012-13 vide judgment dated 01.10.2021 while the co-accused has been acquitted.

Considering the sentence imposed and submissions of the learned counsels, it is directed that if the petitioner-Santosh Sahu surrenders before the learned J.M.F.C., Rajgangpur in G.R. Case No. 407 of 2005 arising out of Bargaon P.S. Case No. 93 of 2005 within a period of four weeks, he 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 on proper application.

                                                              (Savitri Ratho)
        puspa                                                    Judge




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