Padmna Kawasi vs State Of Odisha
2024 Latest Caselaw 5890 Ori

Orissa High Court

Padmna Kawasi vs State Of Odisha on 2 April, 2024

Author: S.K. Sahoo

Bench: S.K. Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.514 of 2021

              1. Padmna Kawasi
              2. Hari Duruka
              3. Padman Madkami                ....     Appellants/
                                                      Petitioners

                                 Mr. Abhash Mohanty, Advocate
                                 for appellant/petitioner nos.2 &
                                 3

                                    -versus-

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

                                 Smt. Sushamarani Sahoo
                                 Addl. Standing Counsel
                                  CORAM:
                             JUSTICE S.K. SAHOO

                                   ORDER

Order No.                        02.04.2024
                               I.A. No.933 of 2021

04. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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

There shall be stay of realization of fine amount imposed on the appellants-petitioners by the learned Sessions Judge -cum- Special Judge, Malkangiri vide judgment and order dated 09.08.2021 passed in T.R. Case No.45 of 2018 pending disposal of the criminal appeal.

// 2 //

The I.A. is disposed of.

( S.K. Sahoo) Judge

05. This is an application under section 389 of Cr.P.C. for grant of bail.

As per order dated 20.03.2024, learned counsel for the State has received the custody certificate from the Superintendent, District Jail, Malkangiri dated 23.03.2024 wherein it is mentioned that the petitioner no.1 Padman Kawasi and petitioner no.3 Padman Madkami was taken into judicial custody on 20.05.2018 and petitioner no.2 Hari Duruka was taken into judicial custody on 19.05.2018 and subsequently, they were transferred to Circle Jail, Koraput on 29.08.2021. The custody certificate is taken on record.

Learned counsel for the State submitted that she may be given some further time to obtain the custody certificate from the Superintendent, Circle Jail, Koraput.

As prayed for, this matter be tagged with CRLA No.513 of 2021 and be listed in the week commencing from 15.04.2024.

A free copy of the order be handed over to the learned counsel for the State.

Custody certificate be obtained in the meantime.

( S.K. Sahoo) Judge sipun

Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 03-Apr-2024 17:28:18