Tarun Kumar Parida vs State of Orissa

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Ori) 548

IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Tarun Kumar Parida – Appellant
Versus
State of Orissa – Respondent

Advocates Appeared:
For the Appellant : S. Panda
For the Respondent: S.S. Pradhan

Table of Content
1. details of appellant's conviction and the context of the offence. (Para 1 , 3)
2. appellant's request for leniency and use of the p.o. act. (Para 2)
3. court's assessment of sentencing under probation provisions. (Para 4 , 6)
4. cited cases supporting the discretionary use of probation. (Para 5)
5. final judgment maintaining conviction while modifying the sentence. (Para 7 , 8)

JUDGMENT :

G. SATAPATHY, J.

1. An appeal having come to be filed U/S.374(2) of Cr.P.C. by the appellant assailing his conviction for offence U/S.7 of Essential Commodities Act, 1955 (in short the E.C. Act) and sentence to undergo Rigorous Imprisonment for a period of three months and to a pay a fine of Rs.2,000/- in default whereof, to undergo further R.I. for 40 days as passed/recorded on 17.08.1994 by the learned Judge, Special Court, Phulbani in 2(c).C.C. Case No.1 of 1991.

2. In the course of hearing of the appeal, Mr. S. Panda, learned counsel for the appellant although seriously challenges the conviction of the appellant, but when this Court took him through the impugned judgment by analyzing the same and convinced him that the impugned judgment does not suffer from infirmity, he promptly su