Orissa High Court
Pravat Chandra Mohanty vs State Of Orissa on 23 November, 2020
Author: S.K. Sahoo
Bench: S.K. Sahoo
THE HIGH COURT OF ORISSA, CUTTACK
I.A. No.07 of 2020
(Arising out of CRA No. 207 Of 1988)
----------------------------
Pravat Chandra Mohanty ......... Appellant/
Petitioner
-Versus-
State of Orissa ......... Respondent/
Opposite Party
I.A. No.06 of 2020
(Arising out of CRA No. 210 Of 1988)
Pratap Kumar Choudhury ......... Appellant/
Petitioner
-Versus-
State of Orissa ......... Respondent/
Opposite Party
For Petitioner: - Mr. Yasobant Das
(in CRA No. 207 Of (Senior Advocate)
1988)
For Petitioner: - Mr. Devashis Panda
(in CRA No. 210 Of
1988)
For State of Odisha: - Mr. Lalatendu Samantaray
Addl. Govt. Advocate
-------------------------------
23.11.2020 The appellant/petitioner Pravat Chandra Mohanty in
CRA No.207 of 1988 and the appellant/petitioner Pratap Kumar
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Choudhury in CRA No.210 of 1988 faced trial in the Court of
learned Asst. Sessions Judge -cum- Additional Chief Judicial
Magistrate (Special), Cuttack in Sessions Trial No.246 of 1985
for the offences punishable under sections 304, 342, 323, 294,
201, 167, 477-A, 471 read with section 34 of the Indian Penal
Code. The learned trial Court vide impugned judgment and order
dated 29.08.1988, though acquitted the appellants of the
charges under sections 294, 201, 167 and 477-A read with
section 34 of the Indian Penal Code, however found them guilty
under sections 304 Part-II, 342, 323, 471 read with section 34
of the Indian Penal Code. The appellants were sentenced to
undergo rigorous imprisonment five years and eight years
respectively for the offence under section 304 Part-II of the
Indian Penal Code. Each of the appellants was sentenced to
undergo rigorous imprisonment for three years for the offence
under section 471 of the Indian Penal Code, rigorous
imprisonment for three months for the offence under section 342
of the Indian Penal Code, rigorous imprisonment for one month
for the offence under section 323 of the Indian Penal Code and
all the sentences were directed to run concurrently.
The appeals preferred by the appellants were heard
analogously and vide judgement and order dated 09.11.2020,
this Court set aside the impugned judgment and order of
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conviction of both the appellants for the offences under sections
304 Part-II/34 and 342/34 of the Indian Penal code, however
their conviction under sections 323/34 and 471/34 of the Indian
Penal Code was upheld and both the appellants were also
convicted under section 324/34 of the Indian Penal Code. Both
the appellants were sentenced to undergo simple imprisonment
for one month for the offence under section 323/34 of the Indian
Penal Code and simple imprisonment for three months for the
offence under section 471/34 of the Indian Penal Code and they
were further sentenced to simple imprisonment for one year for
the offence under section 324/34 of the Indian Penal Code and
all the substantive sentences were directed to run concurrently.
Since the appellants were on bail, their bail bonds were cancelled
and they are directed to surrender before the learned trial Court
within two weeks from the date of judgment for undergoing the
remaining period of sentence.
The appellant Pravat Chandra Mohanty has filed I.A.
No.07 of 2020 for grant of two months time for surrendering
before the learned trial Court. In the application, it is stated that
the appellant is aged about seventy six years and on 13.11.2020
he suffered from chest pain for which he was taken to Hi-Tech
Medical and Hospital, Bhubaneswar and the doctor diagnosed
hypersensitive heart disease, COPD (Chronic Obstructive
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Pulmonary Disease) and unstable Angina. The petitioner is under
treatment and the doctor advised him for rest and verbally
advised him to avoid any anxiety, tension or stress, otherwise it
might lead to worsen the disease condition. It is further stated
that the petitioner has been suffering from hypertension,
breathing problem along with partial blindness and other
ailments since last several years and that he is not in a position
to surrender before the learned trial Court within time stipulated
as per the judgment. Medical document of Hi-Tech Medical
College and Hospital, Bhubaneswar dated 13.11.2020 has been
annexed to the interim application.
The appellant Pratap Kumar Choudhury has filed I.A.
No.06 of 2020 for grant of two weeks time to surrender before
the learned trial Court. In the application, it is stated that the
petitioner is now aged about seventy three years and is suffering
from enlargement of the prostate for which he is under
treatment of an Urologist since September 2020 and requires
special diet prescribed for him and that direction be given to the
jail authorities to provide him specialized diet and treatment
facilities on his surrender. A copy of the ultrasound report of
Cure Well Diagnostic, Cuttack dated 08.05.2020 has been
annexed to the application.
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Both the interim applications are heard analogously
and disposed of by this common order.
After going through the applications filed by the
appellants and on hearing the learned counsel for the appellants
and learned counsel for the State, I find no reason to extend the
date of surrender as fixed by this Court as per judgment and
order dated 09.11.2020. In case the appellants fail to surrender
as per the date fixed, the learned trial Court shall take
immediate step for their arrest in accordance with law. Needless
to say, if any health complication is reported to the Jail
Superintendent by the appellants after their surrender,
necessary medical treatment shall be provided to them.
Accordingly, both the interim applications are
dismissed.
A copy of the order be immediately communicated
during course of the day to the learned trial Court.
..........................
S.K. Sahoo, J.
Orissa High Court, Cuttack The 23rd November 2020/Pravakar/Sisir