Santosh Badaraita @ vs State Of Odisha
2021 Latest Caselaw 6239 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLREV No.400 of 2020

              Santosh Badaraita @                ....        Petitioner
              Badarahita

                                  Mr. Chandan Samantaray,
                                  Advocate

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

                                  Mr. P.K. Patnaik,
                                  Addl. Standing Counsel


                                    CORAM:

                              JUSTICE S.K. SAHOO
                                    ORDER

Order No. 09.06.2021

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

Learned counsel for the petitioner has filed the Xerox copy of the trial Court judgment and he seeks some further time to file the certified copy of the said judgment.

Four weeks time is granted for filing of the certified copy of the learned trial Court judgment.

Heard.

Admit.

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

( S.K. Sahoo) RKM Judge // 2 //

I.A. No.464 of 2020

03. This is an application under Section 389 of Cr.P.C. for grant of bail.

Heard.

The petitioner has been convicted under sections 341/354 of the Indian Penal Code and sentenced to undergo S.I. for one month for the offence under section 341 of the Indian Penal Code and S.I. for one year and to pay a fine of Rs.500/- (rupees five hundred), in default, to undergo S.I. for another one month 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., Patrapur in G.R. Case No.204 of 2013 and the learned Appellate Court has confirmed the judgment and order of conviction and sentence passed by the learned trial Court in Criminal Appeal No.15 of 2019 as per impugned judgment and order dated 18.09.2020.

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 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

// 3 //

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.463 of 2020

04. 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.

( S.K. Sahoo) Judge

RKM