Bhimsen Mahalik vs State Of Odisha
2021 Latest Caselaw 61 Ori

                    CORAM : HON'BLE SHRI JUSTICE S.PUJAHARI

                                     CRLREV No.460 of 2020

                          Bhimsen Mahalik                    ...       Petitioner
                                         - Versus -
                          State of Odisha                    ...       Opp. Party
                                  ------------------------------------


                                          I.A. No.527 of 2020
02.   04.01.2021            In the wake of the pandemic Covid-19, the case is
                   taken up through V.C.
                            This is an application for dispensing with filing
                   of certified copy of the judgment under Annexure-1.
                            Heard learned counsel for the petitioner.
                            Considering    the    submissions      made    by the
                   learned counsel for the petitioner, the prayer is allowed
                   and filing of certified copy of the judgment under
                   Annexure-1 is dispensed with for the time being.
                            The I.A. is disposed of.
                                                                .......................
                                                                S.Pujahari, J.

CRLREV No.460 of 2020

03. 04.01.2021 Heard.

Admit.

Call for the photocopy of the LCR. Extra copy of the brief be served on the learned counsel for the State within three working days hence.

The matter be listed for final hearing after receipt of the L.C.R.

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

S.Pujahari, J.

04. 04.01.2021 I.A. No.528 of 2020 Heard.

Considering the facts and submission made, it is directed that realization of fine as directed by the trial Court in G.R. Case No.368 of 2003/Trial No.796 of 2003 shall remain stayed till disposal of the Criminal Revision.

I.A. is accordingly disposed of.

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

S.Pujahari, J.

5. 04.01.2021 I.A. No.529 of 2020 Heard.

Considering the facts and submission made, especially the nature of offence and quantum of punishment imposed by the learned trial court, so also the fact that the petitioner was all along on bail during the course of trial as well as during the appeal period, he deserves to be released on bail during pendency of the criminal revision.

Hence, this Court directs suspension of the sentence imposed and release of the petitioner on bail by the court in seisin over the matter in G.R. Case

No.368 of 2003/Trial No.796 of 2003 on furnishing a bail bond of Rs.20,000/- (rupees twenty thousands) with one solvent surety for the like amount within six weeks hence during pendency of the criminal revision before this Court.

However, it is made clear that if the petitioner does not furnish the bail bond within the time stipulated, the trial Court can proceed against him to commit him to jail to undergo the sentence imposed.

The I.A. is accordingly disposed of.

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

S.Pujahari, J.

RKS