[email protected] Prasad vs Mamata [email protected]
2023 Latest Caselaw 1508 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLREV No. 612 of 2022
            [email protected] Prasad    ....                             Petitioner

                                                              Mr. T.K. Mishra,
                                                                     Advocate

                                              -Versus -
            Mamata [email protected]                                   Opposite Party
                                                   ....

Mr. S.K.Das, Advocate

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 17.02.2023 I.A.No. 858 of 2022 Order No.

1. This matter is taken up through hybrid mode.

1.

2. Office has pointed out a delay of 344 days.

3. It is submitted that the petitioner was a daily labourer working at Malkangiri and therefore, he could not know about disposal of the appeal filed by him. It is further submitted that his conducting lawyer also did not intimate him about such disposal. As such, he remained in the dark for a long time. After coming to know about passing of the impugned judgment, he took steps to obtain certified copy and preferred appeal after arranging money. In the process there has been delay of 344 days.

4. Having regard to the submissions as above and looking at grounds urged in the Revision to challenge the impugned order of

conviction court as confirmed by the appellate court, I am inclined to take a lenient vie. The delay in filing the revision is condoned.

5. The I.A.is disposed of.

(Sashikanta Mishra) Judge CRLREV No. 612 of 2022 Order No. 1. Heard.

2.

6. Admit.

7. Call for the LCR.

(Sashikanta Mishra) Judge I.A. No. 859 of 2022 Order No.

3. 1. Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner has been convicted for the offence under Sections 363/34 of IPC and sentenced to undergo R.I. for three years and to pay fine of Rs.20,000/-, in default, to undergo R.I. for four months by learned Additional Sessions Judge (FTC), Jeypore in C.T. Case No.14 of 2023.

3. It is submitted that the petitioner was on bail during trial as also during the appeal.

4. Considering the above as also looking at the substantive sentence imposed by the convicting court, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the convicting court may deem fit and proper to impose.

5. The I.A is disposed of accordingly.

(Sashikanta Mishra) Judge

I.A. No. 9 of 2023 Order No.

4. 1. Heard learned counsel for the petitioner and learned counsel for the State.

2. There shall be stay of realization of fine amount as imposed by the trial court till disposal of the revision.

3. Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge

B.C. Tudu