Basanta Biswal vs State Of Odisha
2023 Latest Caselaw 5270 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                              CRLREV No.235 of 2023
            Basanta Biswal                         ....             Petitioner
                                                               Mr.R.Mahalik
                                                                   Advocate
                                        -versus-
            State of Odisha                        ....             Opp. Party
                                                           Mr.S.S.Mohapatra,
                                                                       ASC
                    CORAM:
                    MR. JUSTICE D.DASH
                                  ORDER

05.05.2023 Order No. CRLREV No.235 of 2023

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.

(D. Dash), Judge ORDER 05.05.2023 Order No. I.A. No.325 of 2023

02. 1. Heard.

2. There shall be stay realization of fine till disposal of the Revision.

3. The I.A. is accordingly disposed of.

(D. Dash), Judge

// 2 //

ORDER 05.05.2023 Order No. I.A. No.326 of 2023

03. 1. This application has been filed for suspension of execution of sentence imposed upon the Petitioner, namely, Basanta Biswal by the Trial Court while convicting him for the offence under section 395 of the Indian Penal Code and his release on bail pending disposal of this Revision.

2. Heard Mr.Mahalik, learned counsel for the Petitioner and Mr.S.S.Mohapatra, learned Additional Standing Counsel for the Opposite Party.

3. Considering the submissions made and on going through the judgment passed by the Trial Court; further keeping in view the period of detention of the Petitioner in custody, which almost covers half of the period of substantive sentence imposed upon the Petitioner; being inclined to suspend further execution of sentence imposed upon the Petitioner, it is directed that he (Basanta Biswal) be released on bail in Sessions Trial Case No.106 of 2020 by the learned Assistant Sessions Judge, Baripada, Mayurbhanj pending disposal of this Revision on such terms and conditions as deemed just and proper by the Trial Court with further condition he shall positively surrender before the Trial Court as and when so required.

The I.A is accordingly disposed of.

(D. Dash), Judge

// 3 //

ORDER 05.05.2023 Order No. CRLREV No.235 of 2023

04. 1. List this Revision in the week commencing 25th September, 2023.

Issue urgent certified copy of this order on proper application.

(D. Dash), Judge

Gitanjali

GITANJALI NAYAK Digitally signed by GITANJALI NAYAK Date: 2023.05.08 13:05:39 +05'30'