Ashok Ranjan Mohanty vs Brajabandhu Muduli
2023 Latest Caselaw 5766 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               CRLREV No.97 of 2023
            Ashok Ranjan Mohanty                    ....           Petitioner
                                                                 Mr.D.Das,
                                                                 Advocate   & Anthe




                                        -versus-
            Brajabandhu Muduli                      ....         Opp. Party
                                                              Mr.S.Mishra,
                                                                     ASC
                    CORAM:
                    MR. JUSTICE D.DASH
                                  ORDER

Order No.                        11.05.2023
   01.      1.      This matter is taken up through hybrid arrangement
            (virtual/physical) mode.
            2.      Heard.
            3.      Admit.

4. Upon hearing learned counsel for the Petitioner and on going through the impugned judgments, this Court is inclined to make an endeavour to dispose of the same at the stage of admission. Accordingly, the Petitioner is directed to take steps for service of notice by registered post with A.D. within three days. In that event, notice be issued fixing short returnable date.

5. List this matter in the week commencing 21st August, 2023.

(D. Dash), Judge ORDER 11.05.2023 Order No. I.A. No.152 of 2023 & I.A. No.153 of 2023

02. 1. Heard.

// 2 //

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 to direct that further execution of sentence imposed upon this Petitioner in ICC Case No.161 of 2017 (Trial Case No.54 of 2020) by the learned JMFC (2nd Court), Nimapara, which has been confirmed in Criminal Appeal No.6 of 2020 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 with further condition that the Petitioner would deposit a sum of Rs.30,000/- (Rupees Thirty Thousand), before the Trial Court to be kept in an interest bearing account in any Nationalized Bank which would remain subject to the result of this Revision.

There shall be stay realization of compensation, 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.

                                                                  (D. Dash),

GITANJA        Digitally signed by
               GITANJALI NAYAK
                                                                    Judge



LI NAYAK       Date: 2023.05.12
               15:47:44 +05'30'

   Gitanjali