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8 21.01.2021 This Matter Is Taken ... vs Unknown
2021 Latest Caselaw 749 Ori

Citation : 2021 Latest Caselaw 749 Ori
Judgement Date : 21 January, 2021

Orissa High Court
8 21.01.2021 This Matter Is Taken ... vs Unknown on 21 January, 2021
                                             CRLA No.430 of 2019




                                              I.A.No.942 of 2020
8       21.01.2021                This      matter    is    taken   up     through       video
                     conferencing.
                                  Heard      Mr.P.R.Dash,     learned    counsel   for    the
                     petitioner-appellant     no.1    and     Mr.M.K.Mohanty,        learned
                     Additional Standing Counsel for the State.
                                  In the present application, appellant no.1-Rabindra
                     Majhi has prayed for his release on bail pending appeal.
                                  The     appellant   no.1    has   been   convicted      and
                     sentenced to undergo R.I. for one year and to pay a fine of
                     Rs.5,000/- in default, to undergo R.I. for a period of further six
                     months for the offence under Section 4 of the D.P.Act and
                     further to undergo R.I. for two years and to pay fine of
                     Rs.10,000/- in default, to undergo R.I. for six months for the
                     offence under Section 498-A/34 of the I.P.C. and further to
                     undergo R.I. for seven years for the offence under section 304-
                     B/34 of the I.P.C.
                                  It is submitted that the present appellant in the
                     meantime has remained inside custody for around a period of
                     two years and six months in total.
                                  Having gone through the evidence of the witnesses
                     including P.Ws.3, 11, 13 & 14 as well as the impugned
                     judgment of conviction, there appears good grounds in favour of
                     the appellant. Accordingly, it is directed that appellant no.1-
                     Rabindra Majhi be released on bail in S.T.Case No.16/04 of
                     2017 by the learned trial court on such terms and conditions as
                     he may deems fit and proper.
                                  The I.A. is disposed of.
                                                                ................................
                                                                 B.P.Routray, J.

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