Kamal Franklin Patra @ vs State Of Odisha
2023 Latest Caselaw 1797 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.36 of 2014

              1. Kamal Franklin Patra @
              Raja
              2. Dhiren Khilla
              3. Gouri Sankar Pradhan            ....    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

                              I.A. No.219 of 2023

39. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This is an application for bail of appellant no.2 Dhiren Khilla.

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 // 2 //

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 trial Court and he was granted interim bail for a period of three months vide order dated 23.07.2020 in I.A. No.784 of 2020 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.1453 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 22.10.2022, the appellant no.2 Dhiren Khilla has undergone ten years and eleven months of substantive sentence.

Learned trial Court shall submit a report as to whether the appellant no.2 Dhiren Khilla has availed the interim bail order dated 15.11.2022 in I.A. No.1453 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.

List this matter along with CRLA No.14 of 2014, CRLA

// 3 //

No.120 of 2014, CRLA No.150 of 2014 and CRLA No.296 of 2014 in the week commencing from 13.03.2023.

( S.K. Sahoo) Judge RKM