Govinda Mali vs State Of Odisha
2022 Latest Caselaw 6065 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               CRLA No.226 of 2021

            Govinda Mali                            ....
                                                          Appellant/Petitioner
                                                    Mr. J.K.Panda,
                                                    Advocate

                                         -versus-
            State of Odisha                         ....         Respondent/
                                                               Opposite Party

                                                     Mr. S.K.Mishra, A.S.C.
                       CORAM:

                                 JUSTICE SASHIKANTA MISHRA
                                        ORDER

31.10.2022.

Order No. I.A. No.444 of 2021

02. 1. This matter is taken up through hybrid mode.

2. Realization of the fine amount shall remain stayed till final disposal of the CRLA.

3. I.A.is accordingly disposed of.

        AKB                                              (Sashikanta Mishra)
                                                               Judge

                                                                        P.T.O





                                      // 2 //




                         I.A. No.443 of 2021

03. 1. The Appellant-Petitioner is in custody since 24th November, 2016. It is submitted that the trial Court convicted the Appellant-Petitioner without proper evidence and despite non- compliance of the statutory formalities. Considering the fact that the trial Court has found the Appellant-Petitioner guilty on the basis of the evidence on record and the contention advanced by the Appellant-Petitioner can be considered only at the time of hearing of the appeal, I am not inclined to allow the Appellant-Petitioner on regular bail at this stage.

2. However, considering the long period of detention of the Appellant-Petitioner and there being no likelihood of the appeal being heard at any time in near future, I am inclined to direct release of the Appellant-Petitioner on interim bail for a period of three months.

3. Let the Appellant-Petitioner be released on interim bail for a period of three months from the date of his actual release on such terms and conditions as may be fixed by the court in seisin over the matter in G.R. Case No.106/2016 (N) arising out of Gosaninuagaon P.S. Case No.85/2016 including the condition that he shall not misuse the liberty granted to him.

4. After expiry of the aforesaid period of three months, the Appellant-Petitioner shall surrender before the court in seisin

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over the matter, failing which appropriate warrant may be issued for his production

5. The I.A. is disposed of.

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

(Sashikanta Mishra) Judge CRLA No.226 of 2021

04. 1. The certified copy of the impugned judgment is filed in Court today. The same be kept on record.

2. List this matter after three months.

(Sashikanta Mishra) Judge