Ganeswar Sahu vs ) State Of Odisha

Citation : 2025 Latest Caselaw 8132 Ori
Judgement Date : 11 September, 2025

Orissa High Court

Ganeswar Sahu vs ) State Of Odisha on 11 September, 2025

Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
                      IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  CRLA No.845 of 2025
                 Ganeswar Sahu                .....       Appellant
                                                                    Represented By Adv. -
                                                                    Gyaneswar Satpathy

                                                 -versus-
                 1) State Of Odisha                    .....                Respondents
                 2) Informant                                    Represented By Adv. -
                                                                 Ms. S.Nayak, A.S.C.

                                      CORAM:
                        THE HON'BLE MR. JUSTICE ADITYA KUMAR
                                    MOHAPATRA

                                                ORDER

11.09.2025 Order No.

02. 1. This matter is taken up through Hybrid mode.

2. On perusal of the office note it appears that the notice which was issued to the informant by registered post with A.D. has been returned to the endorsement that the addressee refuse to accept the notice. On such requisition the service of the notice is stated to be sufficient.

I.A. No.1914 of 2025

3. This is an application for grant of bail/suspension of sentence.

4. Heard learned counsel for the Appellant as well as learned counsel for the State. Perused the application as well as the impugned judgment.

5. The Appellant being aggrieved by the judgment dated 24.06.2025 passed by the learned Special Judge-cum-2nd Additional District & Sessions Judge, Baripada, Mayurbhanj thereby convicting the Appellant under Section 294/ 323 I.P.C. read with Section 3(2) (va) and Sections 3(1)(r) & 3(1)(s) of SC & ST of (POA) Act, 1989 has Page 1 of 2. approached this Court by filing the present application. Learned counsel for the Appellant-Petitioner at the outset contended that the Appellant-Petitioner has been convicted under aforesaid Sections and he has been sentenced to undergo maximum simple imprisonment of one year and to pay a fine as has been indicated in the impugned judgment. He further submitted that the Appellant-Petitioner was in custody during trial from 22.05.2022 to 30.05.2025. He further submitted that after the judgment was delivered the Appellant- Petitioner has been released on interim bail. Thereafter, he has surrendered on 08.09.2025, and, as a result such Appellant-Petitioner is now in custody.

6. Learned counsel for the State on the other hand objected to release the Appellant-Petitioner on bail.

7. Considering such submissions made by the learned counsels for the respective parties, on a careful examination of the gravity of the offence as well as the impugned judgment, further taking note of the fact that the Appellant-petitioner is convicted for maximum period of one year simple imprisonment, this Court is inclined to release the Appellant-Petitioner on bail. The learned court in seisin over the matter is directed to release the Appellant-Petitioner on bail subject to such terms and conditions as be deemed just and proper by the learned trial court.

8. Accordingly, I.A. stands disposed of.




                                                                      ( Aditya Kumar Mohapatra )
                                                                                 Judge

          Rubi



Signature Not Verified
Digitally Signed
Signed by: RUBI BEHERA                                                                        Page 2 of 2.
Reason: Authentication
Location: OHC
Date: 12-Sep-2025 12:15:42