High CourtsSingle Bench(2021) 07 OHC CK 0191

Hemant Ku. Khora vs State Of Odisha

Orissa High Court · Decided on 22 July 2021

HON’BLE JUDGES
S. K. Sahoo, J
RESULT
Disposed Of
CASE NUMBER
Criminal Appeal No.185 Of 2015

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Judgment

18 paragraphs · 287 words

S.K. Sahoo, J

  MISC. CASE NO.493 OF 2015

 The matter is taken up through video conferencing.

This is an application for bail.

Learned counsel for the petitioner on instruction submitted that the petitioner is in judicial custody since 05.06.2013 and he has been sentenced to

undergo rigorous imprisonment for three years and to pay a fine of Rs.5,000/-(five thousand), in default to undergo rigorous imprisonment for three

months more for offence under section 363 of the Indian Penal Code, rigorous imprisonment for ten years and to pay a fine of Rs.10,000/- (ten

thousand), in default to undergo rigorous imprisonment for six months under section 376 of the Indian Penal Code and rigorous imprisonment for ten

years and to pay a fine of Rs.10,000/- (ten thousand) in default to undergo rigorous imprisonment for six months more for the offence under section 4

of POCSO Act and the substantive sentences were directed to run concurrently.

It is submitted by the learned counsel for the petitioner that order has been passed staying the realization of the fine amount in Misc. Case No.494 of

2015 vide order dated 19.2.2020, however the petitioner is now ready and willing to deposit the fine amount and therefore, the stay order be vacated.

Considering the submission of the learned counsel for the petitioner, the order dated 19.2.2020 passed in Misc. Case No.494 of 2015 stands vacated.

The petitioner is at liberty to deposit the fine amount as per the impugned judgment and order dated 31.10.2014 passed by the learned Sessions Judge -

cum-Special Judge, Malkangiri in Criminal Trial Case No.307 of 2013.

The petitioner however does not want to press the application for bail.

Accordingly, the Misc. Case is disposed of.

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