Surendra Rout vs Kulamani Behera
2021 Latest Caselaw 12234 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                        CRLREV Nos.242 of 2020

            Surendra Rout                            ....           Petitioner
                                                  Mr. S.C.Tripathy, Advocate

                                         Versus
            Kulamani Behera                          ....          Opp. Party



                   CORAM:
                    JUSTICE SAVITRI RATHO
                               ORDER

Order No. 29.11.2021

06. CRLREV No.242 of 2020 This matter is taken up through hybrid mode. Heard.

Issue notice to the sole opp. party by registered/speed post with A.D., requisites for which shall be filed within a week. The notice shall be made returnable within four weeks.

Call for the photocopy of the L.C.R. List this matter on 08.03.2022.

(Savitri Ratho) Judge I.A. No.301 of 2020

Heard.

This application has been filed by the petitioner-Surendra Rout for grant of bail during pendency of the Criminal Revision.

The petitioner has been convicted vide judgment and order dated 20.4.2019 passed by the learned S.D.J.M. (Sadar), Cuttack in I.C.C. No.653 of 2017 for commission of offence punishable under Section 138 of N.I. Act and sentenced to

// 2 //

undergo simple imprisonment for a period of six months and to pay an amount of Rs.15,00,000/- (Rupees fifteen lakhs) as compensation, in default of which, the petitioner shall undergo further imprisonment of three months and it was further directed that the default sentence shall run in addition to the substantive sentence. The said conviction and sentence was modified by the learned 2nd Addl. Sessions Judge, Cuttack vide common judgment dated 26.02.2020 passed in Criminal Appeal No.49 of 2019 and Criminal Appeal No.70 of 2019 to the extent that instead of Rs.15,00,000/- (Rupees fifteen lakhs), the petitioner would pay Rs.25,00,000/- (Rupees twenty five lakhs) to the complainant as compensation and the rest of the judgment and order of the learned trial court was upheld.

Learned counsel for the petitioner has submitted that the petitioner was all along on bail during trial and during appeal period.

Considering the submissions made, I direct that on the petitioner surrendering before the learned S.D.J.M. (Sadar), Cuttack in ICC Case No.653 of 2017 within a period of six weeks, he shall be released on bail during pendency of the Criminal Revision, on such terms and conditions as deemed fit and proper by the learned trial court with further condition that the petitioner shall deposit cash of Rs.7,50,000/- (Rupees seven lakhs fifty thousand) in the said Court towards the compensation amount.

The I.A. is disposed of.

(Savitri Ratho) Judge

// 3 //

I.A. No.300 of 2020

Heard.

There shall be stay of realization of the rest of the compensation amount, subject to the petitioner depositing Rs.7,50,000/- (Rupees seven lakhs fifty thousand) only as directed above.

The I.A. is disposed of.

Urgent certified cop of this order be granted on proper application.

(Savitri Ratho) Judge

Bichi