Anil Mishra vs State Of Odisha ..... Opposite Party
2024 Latest Caselaw 136 Ori

Orissa High Court

Anil Mishra vs State Of Odisha ..... Opposite Party on 3 January, 2024

Author: Savitri Ratho

Bench: Savitri Ratho

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                               CRLMA No. 278 of 2022
Anil Mishra                           .....                                 Petitioner
                                                          Mr. B.C. Ghadei, Advocate
                                         Vs.
State of Odisha                          .....                          Opposite Party
                                                                  Ms. S. Mishra, ASC
              CORAM:
                    JUSTICE SAVITRI RATHO
                                    ORDER

03.01.2024 Order No. (Through hybrid mode)

01.

1. This application under Section 439 (2) of the Code of Criminal

Procedure has been filed praying for releasing the petitioner on bail in

connection with S.T. Case No. 03/21 of 2021 arising out of Talabania

P.S. Case No. 136 of 2020 during pendency of Criminal Appeal No.

25/2013 of 2022.

2. The petitioner has been convicted for commission of offences

punishable under Section 376 (1) of IPC by the learned Assistant

Sessions Judge (Special Track Court), Puri in S.T. Case No. 03/21 of

2021 by judgment dated 20.05.2022 and sentenced to undergo R.I. for

seven years and to pay a fine of Rs.1,000/- in default to undergo R.I.

for one month.

3. Mr. B.C. Ghadei, learned counsel for the petitioner submits that

the petitioner is in custody since 04.09.2020. He has filed Criminal

Appeal No. 25/2013 of 2022 challenging the judgment in S.T. Case

No. 03/21 of 2021 which is pending before the learned 2nd Additional

Sessions Judge, Puri. Vide order dated 11.08.2022, his application

under Section 389(1) of the Cr.P.C. for enlarging him on bail and for

staying realization of fine has been dismissed by the learned Appellate

court. He further submits that the appellant has been sentenced to

undergo R.I. for 7 years and has spent almost 3 and half years in

custody. As there is a bleak chance of the appeal being taken up for

hearing in the near future his prayer for bail may be sympathetically

considered.

4. Considering the fact that the learned appellate court had rejected

the prayer for bail and stay of realization of fine of the petitioner more

than one and half years back and the appeal is stated to be still pending

before the said court, I dispose of the CRLMA granting liberty to the

petitioner to move fresh application under Section 389(1) of the

Cr.P.C. before the learned 2nd Additional Sessions Judge, Puri / the

court before whom the appeal is pending. The said applications shall

necessarily be considered in accordance with law.

5. Urgent certified copy of this order be granted on proper

application.

(Savitri Ratho) Judge

puspa

Signed by: PUSPANJALI MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 05-Jan-2024 18:39:48