Muna Badatiya vs State Of Odisha
2023 Latest Caselaw 12874 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.300 of 2022

              Muna Badatiya                    ....      Appellant

                                 Mr. B.K. Sahoo, Advocate

                                    -versus-

              1. State of Odisha               ....     Respondents
              2. Laxmi Badatiya

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

Order No.                         17.10.2023
                                I.A. No.611 of 2022
   04.             This     matter is taken up through              Hybrid

arrangement (video conferencing/physical Mode).

This is an application for condonation of delay in filing the CRLA.

The Stamp Reporter has pointed out that there is no delay in filing the CRLA.

In view of such noting, the I.A. stands disposed of.

( S.K. Sahoo) Judge

05. Heard.

Admit.

Call for trial Court records. The Interim applications for bail and stay of // 2 //

realization of fine shall be considered after receipt of the trial Court records.

Let the learned counsel for the appellant supply the deposition copies of all the witnesses examined in the learned trial Court to the learned counsel for the State in the meantime.

Since one of the offence under which the appellant has been found guilty is under section 376-AB of the Indian Penal Code, let an extra copy of the appeal memo, the impugned judgment as well as the copies of the interim applications be served on the learned counsel for the State by tomorrow (18.10.2023), who shall send the same to the Inspector in-charge of Pattapur Police Station for its service on the informant in (Pattapur P.S. Case No.94 of 2019) and it will be intimated her that the matter will be taken up in the week commencing from 13th November 2023 and if she so likes, she can engage a counsel to oppose the prayer for bail. A written proof regarding service of notice be obtained from the informant.

Put up this matter in the week commencing from 13th November 2023.

Case diary and instruction relating to criminal antecedents, if any, against the appellant shall be obtained in the meantime as well as regarding sufficiency of service of notice on the informant.

( S.K. Sahoo) Judge

// 3 //

I.A. No.2198 of 2023

06. This is an application for interim bail on the ground of ailment of the mother of the petitioner who is suffering from Fibroid Uterus and undergoing treatment at M.K.C.G. Medical College and Hospital, Berhampur. Medical documents have been annexed to the interim application.

Learned counsel for the State seeks some time to obtain instruction in this regard.

List this matter in the week commencing from 13th November 2023.

Instruction be obtained in the meantime A free copy of the order be handed over to the learned counsel for the State.

( S.K. Sahoo) Judge sipun

Signature Not Verified Digitally Signed

Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 18-Oct-2023 13:57:34