K. Balakrushna Patra vs State Of Odisha
2024 Latest Caselaw 15314 Ori

Orissa High Court

K. Balakrushna Patra vs State Of Odisha on 1 October, 2024

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          CRLA No.591 of 2024
     K. Balakrushna Patra                         ...            Appellant
                                          Mr. A. Tripathy, Advocate
                                   -versus-
     State of Odisha                         ...         Respondent
                                                       Mr. K.K. Gaya, ASC
                                CORAM:
                         JUSTICE G. SATAPATHY
                             ORDER(ORAL)

01.10.2024 Order No.

06. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Perused the Office note, wherein it has been pointed out that in the order dated 22.07.2024, the IA No. for stay of realization of fine has been inadvertently typed as "IA No. 1444 of 2024" instead of "IA No. 1443 of 2024" and the IA No. for bail has been inadvertently typed as "IA No. 1443 of 2024" instead of "IA No. 1444 of 2024". Since the aforesaid mistakes are bona fide, the same are corrected by incorporating correct numbers.

3. Accordingly, the IAs for stay of realization of fine and for grant of bail in order dated 22.07.2024 are corrected and be read as "IA No. 1443 of 2024" & "IA No. 1444 of 2024" respectively. The necessary correction be carried out forthwith.

4. This is an application Under Section 389(1) of Cr.P.C. seeking grant of bail to the Appellant-Petitioner

pending suspension of further execution of his sentence till disposal of the appeal.

5. Heard, Mr. Amitav Tripathy, learned counsel for the Appellant-Petitioner and Mr. K.K. Gaya, learned ASC in the matter and perused the record.

6. It appears from the record that the present Appellant-Petitioner has been convicted for commission of offence punishable U/Ss.498-A/304-B of the IPC and Sec. 4 of DP Act and the maximum substantive sentence as awarded to him is for rigorous imprisonment of 10 years, but it appears from the record that the appellant- petitioner was in custody for around 3 years during trial and for 8 months post conviction stage. This Court has also the privilege to go through the evidence of the material witnesses which is available on record.

7. After having considered the rival submissions and taking into account the custody period of the appellant-petitioner by keeping in view the grounds under which the impugned judgment of conviction of the Appellant-Petitioner has been impeached and taking into account all these factors in tandem, this Court considers that the appellant-petitioner has made out a case for grant of bail pending disposal of this appeal.

8. Hence, the prayer for bail of the Appellant- Petitioner stands allowed and he be allowed to go on bail on such terms and conditions as deems fit and proper by the learned convicting Court and the further execution of

sentence of the Appellant-Petitioner is hereby suspended.

9. The I.A. stands disposed of.

10. Since LCR is already available on record, Office is requested to prepare paper books and supply the same to the learned counsel for the parties in accordance with Rules.

11. List this matter on 16th December, 2024.

(G. Satapathy) Judge

Priyajit

Location: HIGH COURT OF ORISSA