Kanhu @ Basudev vs State Of Odisha
2023 Latest Caselaw 6492 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.539 of 2023

              Kanhu @ Basudev                    ....      Appellant/
              Pradhan                                    Petitioner
                                   Mr.P. Panda, Advocate

                                     -versus-

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

                                   Mrs. Susamarani Sahoo
                                   Addl. Standing Counsel
                                  CORAM:
                             JUSTICE S.K. SAHOO
                                     ORDER

Order No.                          18.05.2023
                             CRLA No.539 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.1190 of 2023

02. This is an application for grant of bail.

The appellant-petitioner Kanhu @ Basudev Pradhan has been convicted under section 363 of the // 2 //

Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.5,000/- (rupees five thousand) and in default, to undergo further R.I. for a period of six months for the offence under section 363 of the Indian Penal Code by the learned Ad-hoc Addl. Sessions Judge, F.T.S.C., Kendrapara in G.R. Case No.146 of 2017.

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 was on bail during trial and there is no allegation that he has misutilised the liberty 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

I.A. No.1191 of 2023

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

Heard.

Considering the submissions made by the learned

// 3 //

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 09.02.2023/02.05.2023 passed by the learned Ad-hoc Addl. Sessions Judge, F.T.S.C., Kendrapara in G.R. Case No.146 of 2017 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: 19-May-2023 16:58:04