Tarini Padhan vs State Of Odisha ..... Opposite Party
2024 Latest Caselaw 10858 Ori

Orissa High Court

Tarini Padhan vs State Of Odisha ..... Opposite Party on 1 July, 2024

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                        CRLREV No. 200 of 2024
                                  Tarini Padhan                            ........         Petitioner
                                                                                    Mr. P.K. Mishra, Adv.

                                                                -versus-
                                  State of Odisha                            .....   Opposite Party
                                                                             Mr. G.R. Mohapatra, ASC
                                                CORAM:
                                                DR. JUSTICE S.K. PANIGRAHI

                                                          ORDER

01.07.2024

Order No. I.A. No.291 of 2024

01. 1. This matter is taken up through hybrid arrangement.

2. Heard.

3. This is an application under Section 5 of the Limitation Act,

for condoning the delay of 338 days in preferring the CRLREV.

4. Considering the submission made by the learned counsel for

the Petitioner and the averments made in the Interim

Application, the delay in preferring the CRLREV is condoned.

5. The I.A. is accordingly disposed of.

Designation: Personal Assistant

1. This matter is taken up through hybrid arrangement. Reason: Authentication Location: High Court of Orissa Cuttack Date: 02-Jul-2024 18:29:30

2. Petitioner has filed this Criminal Revision challenging the

judgment of conviction and order of sentence dated 09.02.2017

passed by the learned C.J.M.-cum-Asst. Sessions Judge, Sonepur

in S.C. No.63/23 of 2013, which has also been confirmed by the

learned Additional Sessions Judge, Sonepur vide judgment

dated 04.02.2023 passed in Criminal Appeal No.02/52 of 2017-22.

3. Heard.

4. Admit.

5. Call for the L.C.R.

6. List this matter on 9th September, 2024.

1. Heard.

2. Learned counsel for the Petitioner submits that the Petitioner

was on bail during the trial and the appeal. The Petitioner has

never misutilised the liberty granted to him at any point of time.

Hence, he submits that the Petitioner may be granted bail.

3. Learned counsel for the Petitioner further submits that the

Petitioner is not in custody.

4. Considering the submission made by the learned counsel for

the Petitioner, this Court directs that the Petitioner shall

Designation: Personal Assistant surrender before the learned C.J.M.-cum-Asst. Sessions Judge, Reason: Authentication Location: High Court of Orissa Cuttack Date: 02-Jul-2024 18:29:30 Sonepur in connection with S.C. No.63/23 of 2013 within ten

working days hence and apply for bail. In such event, the

Petitioner shall be released on bail in the aforesaid case on such

terms and conditions as deemed just and proper by the learned

C.J.M.-cum-Asst. Sessions Judge, Sonepur with further

conditions that:-

i. the Petitioner after the onset of monsoon, shall plant

50 saplings of local variety like mango, neem, tamarind

etc. around his village over the Government

land/community land/private land, if it is in the

possession of the Petitioner or his family members.

Violation of the above condition shall entail cancellation of

the bail.

5. The I.I.C. of the concerned Police Station in coordination with

the local Forest Officer shall monitor; whether the Petitioner has

planted the saplings or not.

6. It is further made clear that the Petitioner shall file an

affidavit after plantation of the saplings before the local Police

Station assuring that he shall maintain those plants for two

years.

7. The District Nursery/D.F.O shall extend the helping hand by

Signed by: LITARAM MURMU supplying the saplings to the Petitioner. Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 02-Jul-2024 18:29:30 8. The I.A., is accordingly, disposed of.

1. Heard.

2. Realization of fine amount shall remain stayed till disposal of

the revision.

3. The I.A. is disposed of.

( Dr. S.K. Panigrahi) Judge Murmu

Designation: Personal Assistant

Location: High Court of Orissa Cuttack Date: 02-Jul-2024 18:29:30