Jayakrushna Bahubalendra @ vs State Of Orissa And Another
2025 Latest Caselaw 3382 Ori

Orissa High Court

Jayakrushna Bahubalendra @ vs State Of Orissa And Another on 12 August, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    CRLA No.443 of 2025
                 Jayakrushna Bahubalendra @       .....   Appellant
                 Jitu
                                                                  Represented By Adv. -
                                                                  Manas Kumar Chand

                                             -versus-
                 State Of Orissa and another       .....                  Respondents
                                                               Mr. S.C. Pradhan, ASC

                                                               Mr. S. Khan, Adv. for
                                                               Informant

                                      CORAM:
                        THE HON'BLE MR. JUSTICE ADITYA KUMAR
                                    MOHAPATRA

                                               ORDER

12.08.2025 Order No.

04. 1. This matter is taken up through Hybrid mode.

2. Heard the learned counsel for the Appellant as well as learned counsel for the Informant and learned counsel for the State.

3. This is an application for suspension of sentence/release of the Petitioner on bail.

4. Learned counsel for the Petitioner at the outset contended that the Petitioner has been convicted for commission of a crime punishable under Section 12 of the POCSO Act and he has been sentenced to undergo imprisonment for one year and to pay a fine of Rs.1,000/- and in default thereof to undergo RI for further period of one month. He further submitted that the Petitioner was on bail all throughout.

5. Learned counsel for the Informant on the other hand objected

to the release of the Petitioner on bail on the ground that a prima facie case is well made out against the present Petitioner as he has already been found guilty and convicted by the learned trial Court.

6. Learned counsel for the State on the other hand also objected to the release of the Petitioner on bail.

7. Having heard the learned counsels appearing for the respective parties, on a careful examination of the background facts, further taking note of the sentence imposed vide the impugned judgment, this Court is inclined to release the Petitioner on bail. Accordingly, the Petitioner is directed to be released on bail subject to such terms and conditions as would be deemed just and proper by the learned trial Court. Further, it is made clear that violation of any terms and conditions shall empower the learned trial Court to take the Petitioner back into custody treating this order to have been revoked.

8. This I.A. has been filed for staying realization of fine.

9. Heard.

10. As an interim measure, it is directed that realization of the fine as directed by the learned F.T.S.C., Special Court (POCSO), Bhubaneswar, in T.R. Case No.2484 of 2017 shall remain stayed till disposal of the application.

( Aditya Kumar Mohapatra ) Judge

S.K. Rout Signature Not Verified Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 13-Aug-2025 18:06:10 Page 2 of 2.