Bijaya Sethi @ Biju vs State Of Odisha
2025 Latest Caselaw 6741 Ori

Orissa High Court

Bijaya Sethi @ Biju vs State Of Odisha on 5 April, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          CRLA No.262 of 2024
        Bijaya Sethi @ Biju                     ...            Appellant
                                          Mr. S.K. Lenka, Advocate
                                    -versus-
        State of Odisha                         ...        Respondent
                                         Mr. R.B. Mishra, Addl. PP
                                       Mr. S. Bohar, Advocate on
                               behalf of Mr. K. Khuntia, Advocate
                                                      (informant)
                                CORAM:
                         JUSTICE G. SATAPATHY

                                  ORDER(ORAL)

05.04.2025 Order No.

09. I.A. No. 657 of 2025

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

2. This is an application by the appellant- petitioner for grant of interim bail on the ground of illness of his wife.

3. Heard, Mr. Sapan Kumar Lenka, learned counsel for the appellant-petitioner and Mr. R.B. Mishra, learned Addl. Public Prosecutor and Mr. Sibesh Bohar, learned counsel appearing on behalf of Mr. Kalpataru Khuntia, learned counsel for the informant being engaged by High Court Legal Services Committee in the matter and perused the record.

4. After having considered the rival submissions and on going through the averments taken in the IA including the documents as filed by the appellant, since the document relates to the date 10.01.2025, this Court does not find any urgency to grant interim bail to the appellant-petitioner.

5. Hence, the prayer for interim bail of the appellant-petitioner stands rejected. Accordingly, the IA stands disposed of.

6. Issue urgent certified copy of this order as per Rules.

7. This is an application for stay realization of fine imposed on the appellant-petitioner.

8. Heard, Mr. Sapan Kumar Lenka, learned counsel for the appellant-petitioner and Mr. R.B. Mishra, learned Addl. Public Prosecutor and Mr. Sibesh Bohar, learned counsel appearing on behalf of Mr. Kalpataru Khuntia, learned counsel for the informant being engaged by High Court Legal Services Committee in the matter and perused the record.

9. Realization of fine from the appellant- petitioner under the impugned judgment in Special G.R. Case No. 126 of 2019 of the Court of learned Ad-hoc Addl. District & Sessions Judge, FTSC-II, Cuttack shall remain stayed till disposal of the appeal.

10. Accordingly, the IA stands disposed of.

I.A. No. 653 of 2024 & CRLA No. 262 of 2024

11. This is an application in I.A. No. 653 of 2024 U/s.389 of the CrPC for grant of bail pending disposal of the appeal.

12. Mr. Sapan Kumar Lenka, learned counsel for the appellant-petitioner, however, seeks for an adjournment in the matter, but Mr. Sibesh Bohar, learned counsel appearing on behalf of Mr. Kalpataru Khuntia, learned counsel for the informant being engaged by the High Court Legal Services Committee seeks for a direction to provide a copy of the brief. Accordingly, the appellant-petitioner is, hereby, directed to serve a copy of the brief to Mr. Kalpataru Khuntia, learned counsel for the informant by next date.

13. Further, since the appellant-petitioner has been sentenced to undergo RI for 20 years, the State Counsel is hereby at liberty to file written objection to the bail application of the appellant-petitioner in terms of the law laid down by the Apex Court in Atul Tripathi vs. State of Uttar Pradesh & Others; (2014) 9 SCC 177 on the next date.

14. List this matter on 12th May, 2025.

(G. Satapathy) Judge

S.Sasmal

Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 07-Apr-2025 11:46:25