Citation : 2021 Latest Caselaw 6241 Ori
Judgement Date : 9 June, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No. 454 of 2020
Kalandi Sahu .... Petitioner
Mr. Aditi Hota, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. Sibani Sankar Pradhan,
Addl. Government Advocate
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 09.06.2021
02. This matter is taken up by video conferencing mode.
Heard.
Admit.
Call for the Trial Court record as well as the Appellate Court record.
( S.K. Sahoo) Judge I.A. No.518 of 2020
03. This is an application for condonation of delay.
The S.R. has not pointed out that there is delay in filing the revision petition.
Accordingly, the I.A. is disposed of.
( S.K. Sahoo) Judge // 2 //
I.A. No.520 of 2020
04. This is an application for grant of bail.
The petitioner has been convicted under section 498-A of the Indian Penal Code passed by the learned Assistant Sessions Judge, Angul in Criminal Trial (Sessions) No.60 of 2010 and sentenced to undergo S.I. for three years and to pay a fine of Rs.1,000/- (one thousand), in default to undergo S.I. for two months for the offence under section 498-A of the Indian Penal Code. The appeal preferred by the petitioner before the learned Sessions Court was dismissed in Criminal Appeal No.4 of 2018 by the learned Additional Sessions Judge (LR & LTV), Angul vide impugned judgment dated 24.02.2020.
It is contended by the learned counsel for the petitioner that the petitioner was on bail during trial as well as during pendency of the appeal but after disposal of the appeal non-bailable warrant has been issued against him and he has been taken into custody since March 2021.
Considering the submissions made by the learned counsel for the petitioner, the sentence imposed by the learned trial Court, the fact that the petitioner was on bail during trial and during pendency of the appeal and absence of any chance of early hearing of the revision petition in the near future, I am inclined to release the petitioner on bail.
// 3 //
Let the petitioner be released on bail pending disposal of the revision petition on furnishing personal bond of Rs.20,000/- (rupees twenty thousand) with two 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.519 of 2020
Heard
05. There shall be stay of realization of fine amount imposed by the learned Trial Court on the petitioner pending 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 2020 as modified by Court's Notice No. 4798 dated 15th April 2021.
( S.K. Sahoo) Judge
Sisir
// 4 //
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