BABU @ GUPTESWAR BALABANTARAY Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD Mr. P.S. Nayak Learned Counsel for the Petitioner and Mr. A.K. Budhia, Learned Counsel appearing on behalf of Mr. Panda, Learned Counsel for the Appellant.

(2.) THIS application has been filed to recall the order dated 29.06.2005 passed in Misc. Case No. 324 of 2005 whereby the Petitioner was released on bail for Rs. 50,000/ - with two sureties each for the like amount to the satisfaction of the Learned Trial Court, i.e. Ad hoc Additional Sessions Judge, Fast Track Court No. IV, Bhubaneswar in S.T. No. 362/35 of 2004.

(3.) AS it appears the Appellant was convicted for the offence committed by him under Sections 376, 292 -A and 506 of Indian Penal Code and sentenced to undergo R.I. for 10 (ten) years and to pay a fine of Rs. 50,000/ - in default of payment of fine to undergo further R.I. for a period of two years for the offence under Section 376 I.P.C., R.I. for six months for the offence under Section 292 A of the Indian Penal Code and R.I. for six months for the offence under Section 506 I.P.C. and the sentences are to run concurrently. The appeal was admitted on 29.06.2005 and the L.C.R. was called for. However on the very same date the realization of fine was stayed and the accused was released on bail of Rs. 50,000/ - with two sureties each for the like amount to the satisfaction of the Learned Trial Court, i.e. Ad hoc Additional Sessions Judge, Fast Track Court No. IV, Bhubaneswar in S.T. No.. 362/35 of 2004.