Dillip Das & Another vs State Of Odisha
2025 Latest Caselaw 6553 Ori

Orissa High Court

Dillip Das & Another vs State Of Odisha on 2 April, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          CRLA No.334 of 2025
        Dillip Das & another                  ...            Appellants
                                              Mr. S.Dwibedi, Advocate
                                   -versus-
        State of Odisha                       ...           Respondent
                                              Mr. R.B.Mishra, Addl.PP
                                CORAM:
                         JUSTICE G. SATAPATHY

                                ORDER(ORAL)

02.04.2025 Order No.

01. CRLA No. 334 of 2025

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. This is an appeal against conviction and sentence of the appellants for commission of offences U/Ss.323/354/34 of the IPC.

3. Heard, Mr. Suryakanta Dwibedi, learned counsel for the appellants and Mr. R.B.Mishra, Addl. Public Prosecutor in the matter and perused the record.

4. Admit. The soft/digitized copy of the LCR/TCR be called for from the learned trial Court.

5. List this matter on 15th July, 2025.

6. This is an application by the appellants- petitioners for stay realization of fine.

7. Heard, Mr. Suryakanta Dwibedi, learned counsel for the appellants and Mr. R.B.Mishra, Addl. Public Prosecutor in the matter and perused the record.

8. Realization of fine from the appellants- petitioners under the impugned judgment in S.T. Case No. 375 of 2017 of the Court of learned Adhoc Addl. Sessions Judge, FTSC, Kendrapara shall remain stayed till disposal of the appeal.

9. The I.A. is, accordingly, disposed of.

10. This is an application U/Ss. 430(1) & (2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, "BNSS") for grant of bail to the appellants-petitioners pending suspension of further execution of sentence till disposal of the appeal.

11. Heard, Mr. Suryakanta Dwibedi, learned counsel for the appellants and Mr. R.B.Mishra, Addl. Public Prosecutor in the matter and perused the record.

12. It appears from the record that the present appellants-petitioners have been convicted for commission of offences punishable U/Ss.323/354/34 of the IPC and the maximum substantive sentence as awarded to the appellants-petitioners is Rigorous Imprisonment (R.I.) for three years, but after recording conviction of the appellants, since they were all along on bail, the learned trial Court granted

bail to the appellants-petitioners U/S.430(3) of the BNSS providing opportunity to them to obtain orders from this Court U/S.430(1) & (2) of the BNSS. However, the appellants-petitioners were in custody for fourteen days during trial and thereafter, they are all along on bail.

13. In view of the aforesaid facts and circumstance and taking into account the appeal is unlikely to be heard in near future, this Court admits the appellants-petitioners to bail by suspending their execution of sentence till disposal of the appeal.

14. Accordingly, the appellants-petitioners be released on bail on such terms and conditions as deems fit and proper by the convicting Court.

15. Accordingly, the IA stands disposed of.

(G. Satapathy) Judge

kishore

Signed by: KISHORE KUMAR SAHOO

Location: High Court of Orissa Date: 03-Apr-2025 18:49:36