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2017 DAILYLAW 1651 (ORI)

BASANTA SWAIN v. STATE OF ORISSA

CRLA/70/2017 · 2026-08-07

Sibo Sankar Mishra

body2017

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLA No. 70 of 2017 Basanta Swain ..... Appellant Mr. S.C. Dash, Adv. -versus- State of Odisha ..... Respondent Mr. C.K. Pradhan, AGA CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 03.07.2026 Order No. 29 I.A. Nos.248 & 261 of 2026 1. This matter is taken up through hybrid mode. 2. Heard learned counsel appearing for the Parties. 3. While I.A. No.248 of 2026 has been filed by the learned counsel appearing for the Petitioner for recalling of order dated 13.01.2026, I.A. No.261 of 2026 has been filed by the State seeking modification of the said order. 4. It is contended that because of a wrong custody certificate produced by the Jail Authority on 22.11.2025 so available under Flag-R, this Court considering the said certificate came to a conclusion that Petitioner has undergone the required sentence and while holding so, this Court directed for release of the Appellant, while disposing the appeal vide order dated 13.01.2026. 4.1. However, it is contended that in the said Custody Certificate since the sentence undergone by the Appellant was wrongly calculated and by the time the appeal was disposed of, the Appellant had not Page 2 of 2. undergone the sentence imposed on him, the order dated 13.01.2026 is liable to be recalled/modified. 5. Considering the submission made, this Court while disposing of both the I.As, is inclined to recall order dated 13.01.2026. Both the I.As stand disposed of. (BIRAJA PRASANNA SATAPATHY) Judge 30. CRLA No.70 of 2017 1. Heard. 2. Considering the submission made by the learned counsel appearing for the Appellant that, he has already undergone 10 years of sentence in the meantime, learned Addl. Govt. Advocate is directed to produce the custody certificate showing the period of sentence undergone by the Appellant as on date, from the concerned Jail Authority. 3. As requested, list this matter on 24th July, 2026. Free copy of this order be provided to Mr. C.K. Pradhan, learned Addl. Govt. Advocate, for compliance. (BIRAJA PRASANNA SATAPATHY) Judge Jyoti