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Orissa High Court
) Sailendu Biswal @ Silu vs State Of Odisha on 9 December, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1396 of 2025
1) Sailendu Biswal @ Silu ..... Appellants
2) Jyotshna @ Jyotsna Mohapatra Represented By Adv. -
Amrit Mishra
-versus-
State Of Odisha ..... Respondent
Represented By Adv. -
S.K. Parhi, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
09.12.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Appellants.
3. Appeal is admitted.
4. Call for the digitized copy of the T.C.R.
5. List this matter immediately after receipt of the T.C.R.
6. This I.A application has been filed by the appellant for
suspension of sentence/ grant of bail.
7. List this I.A immediately after receipt of the TCR under
the heading "For Orders".
8. This I.A application has been filed for stay of realisation of
fine amount.
9. Heard learned counsel for the appellants.
10. Considering the submissions, it is directed that the
realization of fine amount awarded in Crl. Tr. Case No.10 of
2022 arising out of C.T Case No.126 of 2020, corresponding to
Bhubaneswar Mahila P.S Case No.03 of 2020 and Crl. Tr. Case
No.41 of 2022 arising out of C.T Case No.126(A) of 2020,
corresponding to Bhubaneswar Mahila P.S Case No.03 of 2020
by the learned court of the Additional District & Sessions Judge,
Bhubaneswar shall remain stayed till the next date.
11. This I.A application has been filed for release of the
appellant-petitioners on interim bail.
12. Heard learned counsels for the appellants as well as learned
counsel for the State.
13. Learned counsel for the appellants at the outset contended
that the appellants, who were custody since 29.11.2025, have
filed the abovenoted appeal challenging the judgment of
conviction dated 29.11.2025 passed by the Additional District &
Sessions Judge, Bhubaneswar in Crl. Tr. Case No.10 of 2022
which arises out of C.T Case No.126 of 2020. Learned counsel
for the appellants further submitted that in the meantime father of
the appellant No.1 and husband of appellant No.2, namely,
Kulamani Biswal, who was also convicted along with the present
appellants died while he was in jail custody. Accordingly, learned
counsel for the appellants prayed for release of the appellants on
interim bail to perform the last rites of the deceased.
14. Learned counsel for the State, on instruction, from the
Inspector-in-charge, Mahila PS, Bhubaneswar UPD vide letter
dated 08.12.2025, contended before this Court that the convict-
Kulamani Biswal was remanded to judicial custody on
29.11.2025. On 04.12.2025 as per the advice of Jail Medical
Officer, Special Jail, Bhubaneswar he was shifted to Capital
Hospital, Bhubaneswar at around 10.05AM and admitted in ICU
Ward Bed No.05. Thereafter, he was shifted to the AIIMS,
Bhubaneswar on 06.12.2025 for further treatment. However, the
condition of the deceased deteriorated and, finally, on 06.12.2025
at 4.09PM the deceased was declared dead.
15. Taking into consideration the aforesaid facts, both the
appellants are directed to be released on interim bail in
connection with the aforesaid case for a period of three weeks
from the date of their release on furnishing bail bond of
Rs.30,000/- (Rupees thirty thousand) by each of the appellants
with two solvent sureties each for the like amount to the
satisfaction of the Trial Court. Such, interim bail period shall be
counted from the date of release of the appellants from jail
custody.
16. On expiry of the interim bail period, the Appellant-
Petitioners shall surrender immediately before the court below.
Surrender certificate of the Appellant-Petitioners be produced
before this Court by the next date.
17. Accordingly, the I.A stands disposed of.
18. Issue urgent certified copy of this order in course of the
day.
19. List this matter in the week commencing 12.01.2026.
( A.K. Mohapatra)
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 09-Dec-2025 13:59:13
