Raghunath Dalabehera vs State Of Odisha
2021 Latest Caselaw 6772 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLREV No.187 of 2021

              Raghunath Dalabehera                 ....       Petitioner

                                    Mr. J. Sahoo, Advocate

                                        -versus-
              State of Odisha                      ....      Opp. Party

                                    Mr. S.S. Pradhan,
                                    Addl. Government Advocate

                                   CORAM:
                               JUSTICE S.K. SAHOO
                                     ORDER

Order No. 01.07.2021

I.A. No.251 of 2021

02. This matter is taken up by video conferencing mode.

This is an application for condonation of delay in filing the revision petition.

Since the Stamp Reporter has pointed out that there is no delay in filing the revision petition, learned counsel for the petitioner seeks permission to withdraw this interim application.

Accordingly, the I.A. stands disposed of as withdrawn.

( S.K. Sahoo) Judge

CRLREV No.187 of 2021

03. Heard.

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Admit.

Call for the trial Court record as well as the Appellate Court record.

( S.K. Sahoo) Judge

I.A. No.253 of 2021

04. This is an application under Section 389 of Cr.P.C.

for grant of bail.

Heard.

The petitioner has been convicted under sections 323/324 of the Indian Penal Code and sentenced to undergo R.I. for six months for the offence under section 323 of the Indian Penal Code and R.I. for one year and to pay a fine of Rs.1,000/- (rupees one thousand) for the offence under section 354 of the Indian Penal Code and both the substantive sentences were directed to run concurrently by the learned J.M.F.C., R. Udayagiri in G.R. Case No.07 of 2012 and the learned Appellate Court partly allowed the appeal by affirming the judgment and order of conviction and sentence of fine under section 324 of the Indian Penal Code while acquitting the petitioner for the offence under section 323 of the Indian Penal Code passed by the learned trial Court in Criminal Appeal No.02 of 2018 as per impugned judgment and order dated 10.02.2020.

Perused the impugned judgments. Learned counsel for the petitioner submitted that the petitioner was on bail during trial as well as during pendency of the appeal and therefore, he may be granted

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bail.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions of learned counsel for the respective parties, the nature of evidence on record, the fact that the petitioner was on bail during trial as well as during pendency of the appeal, I am inclined to release the petitioner on bail.

Let the petitioner on surrendering be released on bail pending disposal of the revision on furnishing bail bond of Rs.5,000/- (rupees five thousand) with one local solvent sureties each for the like amount to the satisfaction of the learned trial Court.

The I.A. is disposed of.

( S.K. Sahoo) Judge

I.A. No.257 of 2021

05. Heard.

There shall be stay of realization of fine amount imposed by the learned trial Court on the petitioner till disposal of the criminal revision.

The I.A. is disposed of.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No. 4587 dated 25th March

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2020 as modified by Court's Notice No. 4798 dated 15th April 2021.

( S.K. Sahoo) Judge RKM