Amira Kumar Gouda vs State Of Odisha
2023 Latest Caselaw 7170 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.418 of 2023

              Amira Kumar Gouda                     ....      Appellant/
                                                            Petitioner

                                  Mr. K.P. Dash, Advocate

                                         -versus-

              1. State of Odisha
              2. Anita Naik                         .... Respondents/
                                                       Opp. Parties

                                  Mr.Arupananda Das
                                  Addl. Government Advocate

                                  CORAM:
                             JUSTICE S.K. SAHOO
                                  ORDER

Order No. 03.07.2023 I.A. No.908 of 2023

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

Heard learned counsel for the appellant- petitioner and learned counsel for the State.

This is an application for grant of bail. The appellant-petitioner Amira Kumar Gouda has been convicted for the offences punishable under sections 376-D/395 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of twenty years and to pay a fine of Rs.10,000/- (rupees ten thousand) and in default, to undergo rigorous imprisonment for a further period // 2 //

of six months for the offence under section 376-D of the Indian Penal Code and to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo rigorous imprisonment for a further period of three months for the offence under section 395 of the Indian Penal Code and both the substantive sentences were directed to run concurrently by the learned Addl. Sessions Judge

-cum- Special Judge, Aska, Ganjam vide impugned judgment and order dated 23rd May 2023 in G.R. Case No.08 of 2017 (Spl. Act).

In view of the evidence of P.W.7 and P.W.8, I am not inclined to release the petitioner on bail. The prayer for bail stands rejected. However, the petitioner is at liberty to renew the prayer for bail if after undergoing half of the substantive sentence imposed by the learned Trial Court, the appeal is not taken up for hearing.

The I.A. is accordingly disposed of.

( S.K. Sahoo) Judge I.A. No.909 of 2023

03. This is an application for stay of realization of fine.

Heard.

There shall be stay of realization of fine amount

// 3 //

imposed on the appellant-petitioner by the Addl. Sessions Judge -cum- Special Judge, Aska, Ganjam vide impugned judgment and order dated 23rd May 2023 in G.R. Case No.08 of 2017 (Spl. Act) pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue certified copy as per rules.

( S.K. Sahoo) Judge sipun

Signature Not Verified Digitally Signed Signed by: SIPUN BEHERA Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 04-Jul-2023 18:48:20