Gagan Kata vs State Of Odisha
2025 Latest Caselaw 5557 Ori

Orissa High Court

Gagan Kata vs State Of Odisha on 18 August, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                            CRLA No.632 of 2025
            Gagan Kata                 .....        Appellant
                                                         Represented By Adv. -
                                                         Akshaya Kumar Sahoo

                                          -versus-
            State Of Odisha                     .....              Respondent
                                                        Represented By Adv. -
                                                        Ms.B.K.Sahoo, AGA

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

18.08.2025 Order No.

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

I.A.NO.1460 of 2025

2. Heard.

3. This is an application for stay realisation of fine.

4. It is directed that realisation of fine amount imposed by the learned Sessions Judge, Nuapada in S.T.Case No.41 of 2024 shall remain stayed till disposal of the appeal.

I.A.NO.1461 of 2025

5. This is an application for suspension of sentence and release of the Appellant-Petitioner on bail.

6. Heard learned counsel for the Appellant-Petitioner as

well as the learned Additional Government advocate.

7. Learned counsel for the appellant-Petitioner at the outset contended that the present appeal has been preferred against the judgment dated 12.05.2025 whereby learned Sessions Judge, Nuapada has convicted the Appellant-Petitioner in S.T.Case No.41 of 2024 under sections 323,325 of the Indian Penal Code and he has been sentenced to undergo R.I. for three years for commission of offence under section 325 of the Indian Penal Code and R.I. for six months under section 323 of the Indian Penal Code. Additionally a fine amount of Rs.1000/- has also been imposed in default to undergo R.I. for three months under section 325 of the Indian Penal Code. He further contended that the Petitioner was initially in custody for a period of more than seven months. He also submitted that although F.I.R. was lodged making allegations under sections 307 of the Indian Penal Code, however, the learned trial court found the accused-appellant guilty and convicted under section 323,325 of the Indian Penal Code. Further, he submitted that there is no possibility of early hearing of the appeal. Accordingly, learned counsel for the Appellant-Petitioner submitted that the Appellant-Petitioner be released on bail.

8. Learned Additional Government Advocate on the other hand objected to the release of the Petitioner on bail.

9. Having heard learned counsels for the respective parties and further taking into consideration the sentence imposed as well as the period of detention of the appellant-

Petitioner in custody, the Appellant-Petitioner be released on bail on such terms and conditions as deemed fit and proper by the learned trial court.

( A.K. Mohapatra) Judge RKS

Designation: AR-CUM-Senior Secretary

Location: High Court of Orissa Date: 19-Aug-2025 16:56:22