Orissa High Court
Biju @ Bijaya Behera vs State Of Orissa .... Opposite Party on 4 January, 2024
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.451 of 2023
Biju @ Bijaya Behera .... Petitioner
Mr. K. K. Mishra, Adv.
-versus-
State of Orissa .... Opposite Party
Mr. D. Nayak, A.G.A.
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
Order 04.01.2024
No.
02. 1. This matter is taken up through hybrid
arrangement.
2. The Petitioner has filed this CRLREV challenging
the order dated 03.08.2023 passed by the learned 1st
Additional District and Sessions Judge, Puri in Criminal
Appeal No.8/13 of 2023 rejecting his prayer for bail and
suspending the execution of sentence. Further, he prays
for grant of bail till finalization of appeal filed by him
before the learned 1st Additional Sessions Judge, Puri.
3. In this Case the Petitioner has been convicted and
sentenced to undergo R.I for 7 years and to pay of fine of
Rs.10,000/- in default to undergo for further R.I. for 3
months for commission of offence punishable under
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Section 398/34 I.P.C, to undergo R.I. for 7 years and to
pay a fine of Rs.10,000/- in default to undergo further R.I.
for 3 months for the offence under Section 307/34 of the
I.P.C., to undergo R.I. for 2 years and to pay a fine of
Rs.5,000/- in default to undergo further R.I. for 1 month
for the offence under Section 25 of Arms Act and to
undergo R.I. for 3 years and to pay a fine of Rs.5,000/- in
default to undergo further R.I. for 2 months for the
offence under Section 27 of the Arms Act vide the
judgment of conviction and order of sentence dated
05.07.2023 passed by the learned Chief Judicial
Magistrate-cum-Assistant Sessions Judge, Puri in S.T.
Case No.106/254 of 2022. It was further directed vide the
aforesaid judgment that all the sentences are to run
concurrently.
4. Challenging the judgment of conviction and order
of sentence dated 05.07.2023 passed by the learned Chief
Judicial Magistrate-cum-Assistant Sessions Judge, Puri in
S.T. Case No.106/254 of 2022, the Petitioner has preferred
Criminal Appeal No.08/13 of 2023 before the learned 1st
Additional Sessions Judge, Puri. In the said appeal the
Petitioner has also filed a petition for grant of bail.
However, the learned 1st Additional Sessions Judge, Puri
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rejected his petition for grant of bail vide order dated
03.08.2023. Challenging the said order dated 03.08.2023
passed by the 1st Additional Sessions Judge, Puri the
Petitioner has filed the present Criminal Revision with a
prayer to grant him bail.
5. Heard learned counsel for the Parties.
6. Learned counsel for the Petitioner submits that the
Petitioner is in custody since 24.10.2021.
7. Considering the submissions made and the fact
that the hearing of the appeal pending in the court of
learned 1st Additional Sessions Judge, Puri is not likely to
conclude soon, this Court is inclined to direct that
execution of sentence imposed on the Petitioner in the
court of Chief Judicial Magistrate-cum-Assistant Sessions
Judge, Puri shall remain suspended in releasing the
Petitioner on bail till the disposal of the appeal pending
before the learned 1st Additional Sessions Judge, Puri.
8. Accordingly, it is directed that the Petitioner be
released on bail by the learned Chief Judicial Magistrte-
cum-Assistant Sessions Judge, Puri in S.T. Case
No.106/254 of 2022 till the disposal of the appeal pending
before the learned 1st Additional Sessions Judge, Puri on
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stringent terms and conditions with further conditions
that:
i. the petitioner shall appear before the trial court
on each date of posting;
ii he shall not indulge in any criminal activity
while on bail:
iii. he shall not threaten the informant or any
family members in any manner and
iv. he shall not influence any witnesses
9. Violation of any of the conditions shall entail
cancellation of the bail.
10. Accordingly, the CRLREV is disposed of.
(Dr. S.K. Panigrahi)
Judge
Sumitra
Location: High Court of Orissa, Cuttack
