Kartika Naik vs State Of Odisha
2023 Latest Caselaw 6973 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.523 of 2023

              Kartika Naik                      ....     Appellant/
                                                       Petitioner
                                  Mr.N. Mohapatra, Advocate

                                    -versus-

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

                                  Mr.Arupananda Das
                                  Addl. Govt. Advocate
                                  CORAM:
                             JUSTICE S.K. SAHOO
                                    ORDER

Order No.                         21.06.2023
                             CRLA No.523 of 2023

   01.           This    matter    is   taken    up    through   Hybrid

arrangement (video conferencing/physical mode). Heard.

Admit.

Call for the trial Court records.

( S.K. Sahoo) Judge

I.A. No.1150 of 2023

02. This is an application for grant of bail.

The appellant-petitioner Kartika Naik has been // 2 //

convicted under sections 394/397/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.10,000/- (rupees ten thousand) and in default, to undergo rigorous imprisonment for six months for the offence under section 394/34 of the Indian Penal Code and to undergo rigorous imprisonment for seven years for the offence under section 397/34 of the Indian Penal Code and both the sentences were directed to run concurrently by the learned Addl. Sessions Judge, Rairakhol in S.T. Case No.33 of 2022.

Considering the submissions made by the learned counsel for the respective parties, the sentence imposed by the learned trial Court, the fact that the petitioner is in judicial custody since 23.04.2022 and absence of chance of early hearing of the appeal in the near future, I am inclined to release the petitioner on bail.

Let the appellant-petitioner be released on bail pending disposal of the appeal on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned trial Court.

The I.A. is disposed of.

( S.K. Sahoo) Judge

// 3 //

I.A. No.1149 of 2023

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

Heard.

Considering the submissions made by the learned counsel for the parties, let there be stay of realization of fine amount imposed on the appellant-petitioner pursuant to the judgment and order dated 24.03.2023 passed by the learned Addl. Sessions Judge, Rairakhol in S.T. Case No.33 of 2022 pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue urgent 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: 22-Jun-2023 16:26:11