Badal Kumar Sha vs Gouranga Chakra And Another ... ...
2025 Latest Caselaw 2850 Ori

Orissa High Court

Badal Kumar Sha vs Gouranga Chakra And Another ... ... on 22 January, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                           CRLREV No.21 of 2025
     Badal Kumar Sha                             ...            Petitioner
                                            Mr. S.K. Dash, Advocate
                         -versus-
     Gouranga Chakra and another ...                    Opposite Parties
                                                 Mr. A.K. Apat, Addl. PP
                                  CORAM:
                           JUSTICE G. SATAPATHY


                                  ORDER(ORAL)

22.01.2025 Order No.

01. CRLREV No. 21 of 2025 and I.A. Nos. 13 & 14 of 2025

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

2. This is a revision by the Petitioner challenging the confirming judgment dated 28.10.2024 passed by the learned Additional District and Sessions Judge, Anandapur in Criminal Appeal No. 09 of 2021 confirming the judgment of conviction and sentence as recorded by the learned SDJM, Anandapur in 1CC Case No. 37 of 2018 which is a proceeding U/S. 138 of NI Act.

3. Heard, Mr. Soubhagya Kumar Das, learned counsel for the Petitioner, so also Mr. A.K. Apat, learned Addl. Public Prosecutor and perused the record.

4. In addition to the criminal appeal, the revision- Petitioner has filed an application U/S. 430 of BNSS seeking for grant of bail pending further execution of sentence and stay realization of fine till disposal of the revision.

5. Since the Petitioner challenges his conviction and sentence by impleading the complainant as OP No.1, issue notice to the OP No.1 by Speed Post/Registered Post with AD fixing a short returnable date. Requisites for issuance of notice shall be filed within three working days, but pending appearance of OP No.1, the Petitioner be released on interim bail on furnishing bail bond of Rs. 20,000/-(Rupees Twenty Thousand) only with one solvent surety for the like amount to the satisfaction of the Convicting Court subject to condition the Petitioner paying compensation of Rs. 32,000/- to the complainant. The final hearing in I.A. No. 14 of 2025 would be taken up after appearance of OP No.1.

6. List this matter 25.02.2025.

7. Issue urgent certified copy of the order as per Rules.

(G. Satapathy) Judge

Priyajit

Location: HIGH COURT OF ORISSA