Bharat Ch. Pradhan vs State Of Odisha
2023 Latest Caselaw 1796 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.150 of 2014

              1. Bharat Ch. Pradhan
              2. Purna Ch. Panigrahi @
              Kumar
              3. Surendra Nayak                 ....    Appellants/
                                                      Petitioners

                                Mr. N. Panda, Advocate

                                     -versus-

              State of Odisha                   ....    Respondent/
                                                        Opp. Party

                                Mr. Priyabrata Tripathy
                                Addl. Standing Counsel

                                 CORAM:
                            JUSTICE S.K. SAHOO

                                  ORDER

Order No.                       27.02.2023
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32. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This is an application for bail of appellant no.2 Purna Ch. Panigrahi @ Kumar.

Learned counsel for the appellants-petitioners submitted that the appellant no.2 was taken into judicial custody on 21.09.2010 and he was sentenced to undergo R.I. for eleven years and to pay a fine of Rs.1,00,000/- (rupees one lakh), in default, to undergo further R.I. for one year by the learned trial Court in G.R. Case No.04 of 2010 (N)/T.R. No.13 of 2010 as per judgment and order dated 27.11.2013 and he was never released on bail in the // 2 //

trial Court and he was granted interim bail from 24.04.2019 to 13.05.2019 vide order dated 18.04.2019 in I.A. No.1680 of 2018 and after availing the same, he surrendered at right time. He further submitted that though the appellant no.2 was granted interim bail in this criminal appeal as per order dated 15.11.2022 in I.A. No.1454 of 2022 for a period of four weeks, but the appellant no.2 has not availed the interim bail period.

Learned counsel for the State submitted that as per the custody certificate dated 29.10.2022, the appellant no.2 Purna Ch. Panigrahi @ Kumar has undergone nine years, four months and twenty seven days of substantive sentence.

Learned trial Court shall submit a report as to whether the appellant no.2 Purna Ch. Panigrahi @ Kumar has availed the interim bail order dated 15.11.2022 in I.A. No.1454 of 2022 or not and for such purpose, the file be placed before the Registrar (Judicial) of this Court, who shall send a copy of the order to the Court concerned through e-mail and the report shall be furnished through e- mail so as to reach this Court on or before 09.03.2023.

Learned counsel for the State shall also obtain instruction about the criminal antecedents, if any, against the appellant no.2.

This matter be listed along with CRLA No.36 of 2014 in the week commencing from 13.03.2023.

( S.K. Sahoo) Judge RKM

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