Apan Kumar Dey vs Harinarayan Sahu
2023 Latest Caselaw 4757 Ori

Citation : 2023 Latest Caselaw 4757 Ori
Judgement Date : 1 May, 2023

Orissa High Court

Apan Kumar Dey vs Harinarayan Sahu on 1 May, 2023

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                               CRLREV NO.157 OF 2023

             Apan Kumar Dey                         ....            Petitioner
                                                    Mr.S.K. Panda, Advocate
                                         -versus-
             Harinarayan Sahu                       ....        Opposite Party
                                                                       ------

                       CORAM:
                       MR. JUSTICE D.DASH
                                     ORDER

01.05.2023 Order No.

01. 1. This matter is taken up through hybrid arrangement (virtual/ physical) mode.

2. Heard.

3. Admit.

4. The digitized copy of the Trial Court record be called for.

5. List this CRLREV on 1st week of August, 2023.

(D. Dash) Judge.

                                        ORDER
                                       01.05.2023
                                 I.A. NO.222 OF 2023
                                           &
Order No.                        I.A. NO.223 OF 2023
   02.       1.      Heard.

2. Considering the submissions made and on going through the impugned judgments; further taking into account the fact that the Petitioner was all along on bail during trial and pendency of the Appeal and has never misutilized the liberty; this Court is inclined

// 2 //

to direct that further execution of sentence imposed upon this Petitioner in ICC Case No.192 of 2007 (Trial Case No.981 of 2007) by the learned J.M.F.C., Jaleswar, which has been confirmed in Criminal Appeal No.22 of 2015 shall remain suspended till disposal of this Revision and the Petitioner be released on bail pending disposal of this Revision.

3. Accordingly, it is directed that the Petitioner be released on bail on such terms and conditions as deemed just and proper subject to deposit of Rs.75,000/- (Rupees Seventy Five Thousand), by the Trial Court pending disposal of this Revision.

There shall be stay realization of fine, if the Petitioner complies with the condition imposed for the purpose of grant of bail pending disposal of this Revision.

4. The I.As. are accordingly disposed of.

Issue urgent certified copy as per rules.

             Digitally signed
NARAY byHONARAYAN
AN HO Date: 2023.05.02
                                                                         (D. Dash)
      18:56:56 +05'30'                                                     Judge
   Narayan