Orissa High Court
Landa Behera @ Landa Behera vs State Of Orissa on 24 November, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No. 460 of 2021
Landa Behera @ Landa Behera .... Petitioner
Mr. R.N. Rout, Advocate
Versus
State of Orissa .... Opp. Party
Mr. P.C. Das, A.S.C.
CORAM:
JUSTICE SAVITRI RATHO
ORDER
Order No. 24.11.2021
01. I.A. No. 649 of 2021
This matter is taken up through hybrid mode.
This is an application for condonation of delay.
The stamp reporter has pointed out that there is no delay in
filing the CRLREV.
The I.A. is accordingly disposed of as infructuous.
.........................
(Savitri Ratho)
Judge
CRLREV No. 460 of 2021
02. Heard.
Admit.
Issue notice.
Since Mr. P.C. Das, learned Addl. Standing Counsel accepts
notice on behalf of Opposite Party -State of Orissa, one extra copy
of the brief be served on him within one week.
Call for the photocopy of the L.C.R.
// 2 //
List this matter on 17.02.2022.
.........................
(Savitri Ratho)
Judge
I.A. No. 665 of 2021
03. Heard Mr. R.N. Rout, learned counsel for the petitioner and
Mr. P.C. Das, learned Addl. Standing Counsel for the State.
This is an application for grant of bail.
The petitioner has filed this application challenging the
judgment and order dated 04.02.2021 passed by the learned
Sessions Judge, Ganjam, Berhampur in Criminal Appeal No.38 of
2019 wherein the learned Judge confirmed the conviction and
sentence of the petitioner to pay a fine of Rs.500/-, in default to
undergo S.I. for a period of 2 months the order of sentence in
respect of the offence under Section 323 of the I.P.C., confirmed
the conviction but modified the order of sentence in respect of the
offence under Section 324 of the I.P.C. from R.I. of 2 years and
fine of Rs.1000/-, to undergo R.I. for one year and fine of
Rs.1000/-, in default to undergo further R.I. for three months
passed by the learned A.C.J.M. -cum- A.S.J., Ganjam, Berhampur
in S.T Case No.119 of 2018 (Sessions Trial No.178 of 2018
G.D.C.).
Learned counsel for the petitioner submits that the
petitioner was on bail during trial as well as during pendency of the
appeal but due to communication gap with his counsel, the NBW
of arrest had been issued against him after the judgment passed by
the learned Appellate Court. He has been arrested on 14.10.2021
and he is now in custody. Learned counsel for the petitioner
// 3 //
undertakes to file a memo stating therein that the petitioner has
been arrested and remand to custody on 14.10.2021.
In view of the above submissions, it is directed that the
petitioner- Landa Behera @ Landa Behera be released on bail to
the satisfaction of the learned A.C.J.M. -cum- A.S.J., Ganjam,
Berhampur in S.T Case No.119 of 2018 (Sessions Trial No.178 of
2018 G.D.C.) during pendency of the Criminal revision, on such
terms and conditions as deemed fit and proper by the learned
Court.
The I.A. is disposed of.
.........................
(Savitri Ratho)
Judge
I.A. No. 666 of 2021
04. There shall be stay of realization of fine amount till
disposal of the criminal revision.
The I.A. is disposed of.
Urgent certified copy of this order be granted as per
rules.
.........................
(Savitri Ratho)
Judge
Sukanta
