Pankaj Nayak vs State Of Odisha
2025 Latest Caselaw 7274 Ori

Orissa High Court

Pankaj Nayak vs State Of Odisha on 17 April, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          CRLA No.381 of 2025
        Pankaj Nayak                         ...                Appellant
                                               Mr. S.K.Rout, Advocate
                                  -versus-
        State of Odisha                      ...            Respondent
                                                 Mr. A.K.Apat, Addl.PP
                                CORAM:
                         JUSTICE G. SATAPATHY

                              ORDER(ORAL)

17.04.2025 Order No.

01. CRLA No. 381 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 appellant for commission of offences U/Ss.354/323 of the IPC.

3. Heard, Mr. Sangram Keshari Rout, learned counsel for the appellant and Mr. A.K.Apat, learned 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 appellant- petitioner for stay realization of fine.

7. Heard, Mr. Sangram Keshari Rout, learned counsel for the appellant and Mr. A.K.Apat, learned Addl. Public Prosecutor in the matter and perused the record.

8. Realization of fine from the appellant- petitioner under the impugned judgment in C.T. Case No. 64 of 2023 of the Court of learned Sessions Judge, Nabarangpur 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 appellant-petitioner pending suspension of further execution of sentence till disposal of the appeal.

11. Heard, Mr. Sangram Keshari Rout, learned counsel for the appellant 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 appellant-petitioner has been convicted for commission of offences punishable U/Ss.354/323 of the IPC and he is accordingly awarded with maximum substantive sentence of Simple Imprisonment (S.I.) for one year, but after recording conviction of the appellant, since he was all along on bail, the learned trial Court granted bail to the

appellant-petitioner U/S.430(3) of the BNSS providing opportunity to him to obtain orders from this Court U/S.430(1) & (2) of the BNSS. However, the appellant-petitioner was inside custody for around 25 days during trial and thereafter, he was all along on bail.

13. In view of the aforesaid facts and taking into consideration the grounds of challenge of conviction of the appellant keeping in view the impugned judgment, this Court considers it proper to admit the appellant-petitioner to bail by suspending his execution of sentence till disposal of the appeal.

14. Accordingly, the appellant-petitioner 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: 21-Apr-2025 10:22:23