Orissa High Court
Chaitanya Pradhan & Another vs State Of Odisha on 4 April, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.243 of 2025
Chaitanya Pradhan & another ... Appellants
Mr. P.Sahu, Advocate
-versus-
State of Odisha ... Respondent
Mr. A.K.Apat, Addl.PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
04.04.2025
Order No.
01. CRLA No. 243 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.363/342/34 of the IPC.
3. Heard, Mr. Prahallad Sahu, learned counsel
for the appellants and Mr. A.K.Apat, 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 21st July, 2025.
6. This is an application by the appellants-
petitioners for stay realization of fine.
7. Heard, Mr. Prahallad Sahu, learned counsel
for the appellants and Mr. A.K.Apat, Addl. Public
Prosecutor in the matter and perused the record.
8. Realization of fine from the appellants-
petitioners under the impugned judgment in
GR(B)/2016 of the Court of learned
Adhoc Addl. District & Sessions Judge, FTSC,
Kandhamal, Phulbani 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. Prahallad Sahu, learned counsel
for the appellants and Mr. A.K.Apat, learned 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.363/342/34
of the IPC and the maximum substantive sentence as
awarded to the appellants-petitioners is Rigorous
Imprisonment (R.I.) for two years, but after
recording conviction of the appellants, since they
were all along on bail during the trial, 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.
13. In view of the aforesaid facts and
circumstance and looking at the prayer as advanced
for the appellants and taking into account the
grounds of challenge of conviction and sentence of
the appellants-petitioners vis-a-vis the impugned
judgment, this Court considers it proper to admit 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: 05-Apr-2025 17:59:05
