Safique Ansari vs State Of Odisha & Another
2025 Latest Caselaw 6780 Ori

Orissa High Court

Safique Ansari vs State Of Odisha & Another on 7 April, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK

        Safique Ansari                       ...         Appellants
        (In CRLA No. 200 of 2025)
        Sahid @ Sahil Ansari &
        Another
        (In CRLA No. 260 of 2025)
        Samim Ansari
        (In CRLA No. 308 of 2025)
                                             Mr. S. Dash, Advocate
                                                  (in all the CRLAs)
                             -versus-
        State of Odisha & Another            ...       Respondents
                                        Mr. A.K. Apat, Advocate
                  Ms. A.K. Dei, Advocate(informant by OHCLSC)
                                              (in all the CRLAs)
                               CORAM:
                        JUSTICE G. SATAPATHY

                                ORDER(ORAL)

Order No. 07.04.2025

03. CRLA Nos. 200, 260 & 308 of 2025

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

2. These three appeals are directed against the impugned judgment dated 18.01.2025 passed by the learned 1st Addl. Sessions Judge-cum-Special Judge, Rourkela, Dist-Sundargarh in Special G.R. Case No. 16 of 2017 convicting the appellants except appellant-Arif Ansari for commission of offence punishable U/Ss. 354 of the IPC and 3(2)(va) of the SC & ST (PoA) Act and convicting appellant-Arif Ansari for commission of offence punishable U/Ss.

452/354-A(i)(ii) of the IPC & U/S. 3(1)(w)(i) of the SC & ST (PoA) Act and accordingly, they are awarded with maximum substantive sentence of Rigorous Imprisonment (RI) for 2 years.

3. Heard, Mr. Sougat Dash, learned counsel for the all the appellants, Mr. A.K. Apat, Addl. Public Prosecutor and Ms. Anima Kumari Dei, learned counsel for the informant/victim in all the appeals being engaged by the Orissa High Court Legal Services Committee in the matter and perused the record.

4. Admit. Since LCR is already available on record, Office is requested to prepare paper books and supply the same to the learned counsel for the parties in accordance with Rules.

5. List this matter on 1st July, 2025. I.A. No.458 of 2025(CRLA No. 200 of 2025), I.A. No.563 of 2025 (CRLA No. 260 of 2025) & I.A. No. 698 of 2025 (CRLA No. 308 of 2025)

6. These are applications by the respective appellants-petitioners for stay realization of fine.

7. Heard, Mr. Sougat Dash, learned counsel for the all the appellants, Mr. A.K. Apat, Addl. Public Prosecutor and Ms. Anima Kumari Dei, learned counsel for the informant/victim in all the appeals being engaged by the Orissa High Court Legal

Services Committee in the matter and perused the record.

8. Realization of fine from each of the appellants-petitioners under the impugned judgement in Special G.R. Case No.16 of 2017 of the Court of learned 1st Addl. Sessions Judge-cum- Special Judge, Rourkela, Sundargarh shall remain stayed till disposal of the appeals.

9. The I.As. are accordingly, disposed of.

I.A. No. 459 of 2025 (CRLA No. 200 of 2025), I.A.No. 562 of 2025 (CRLA No. 260 of 2025 ) & I.A. No. 697 of 2025 (CRLA No. 308 of 2025)

10. These are applications 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 their sentence till disposal of the appeal.

11. Heard, Mr. Sougat Dash, learned counsel for the all the appellants, Mr. A.K. Apat, Addl. Public Prosecutor and Ms. Anima Kumari Dei, learned counsel for the informant/victim in all the appeals being engaged by the Orissa High Court Legal Services Committee in the matter and perused the record.

12. Since the appellants are awarded with maximum substantive sentence of RI for two years and the appellants-Samim Ansari, Sahid @ Sahil

Ansari, Arif Ansari & Safique Ansari having detained in custody for 26 days, 48 days, 96 days and 55 days respectively pre and post conviction period and taking into account the other circumstances on record in entirety, this Court admits each of the appellants- petitioners to bail by suspending their sentence till disposal of the appeals.

13. Accordingly, the appellants-petitioners namely Safique Ansari in I.A. No.459 of 2025 (CRLA No. 200 of 2025), Sahid @ Sahil Ansari & Arif Ansari in I.A. No. 562 of 2025 (CRLA No. 260 of 2025) and Samim Ansari in I.A. No. 697 of 2025 (CRLA No. 308 of 2025) be released on bail on such terms and conditions as deems fit and proper by the convicting Court.

14. Accordingly, the IAs stand disposed of.

(G. Satapathy) Judge

S.Sasmal

Location: High Court of Orissa Date: 08-Apr-2025 14:04:55