[Cites 1, Cited by 0]
Orissa High Court
Sipu @Niharkanti Ojha vs State Of Orissa .... Opposite Party on 3 December, 2025
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.472 of 2025
Sil
Sipu @Niharkanti Ojha .... Petitioner
Mr. P.K. Ray, Advocate
-Versus-
State of Orissa .... Opposite Party
Mr. P.K. Sahoo, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
03.12.2025
Order No.
05. 1. Heard Mr. Ray, learned counsel for the petitioner.
2. Instant revision is filed by the petitioner assailing the
impugned judgment at Annexure-2 in Criminal Appeal No.24
of 2019 of the learned Additional District and Sessions Judge,
Jajpur confirming the order of conviction and sentence dated 6 th
September, 2019 in CT (Sessions) No.115/2013 directed by the
learned Assistant Sessions Judge (Special Track Court), Jajpur
on the grounds stated.
3. Notice to opposite party No.2 was issued but same
returned unserved with a postal endorsement 'addressee left for
long, hence return to sender'.
4. Today, Mr. Sahoo, learned ASC for the State submits
that service was to be served through the local PS and it has
been accomplished with an endorsement received that the same
was received by the brother of the informant and while
claiming so, he produced a copy of the SR for the Court's
perusal. In view of the above, the notice vis-à-vis opposite
party No.2 is considered sufficient.
5. In so far as the plea of the petitioner is concerned, there
has been delayed in lodging of the FIR and other discrepancy
revealed from record, hence, therefore, the learned court below
could not have passed the order of conviction and sentence.
6. Recording such plea and submission of Mr. Ray,
learned counsel appearing for the petitioner, the Court is
inclined to direct the State to respond.
7. Accordingly, it is ordered.
8. Notice. Mr. Sahoo, learned ASC for the State accepts
notice for opposite party No.1.
9. Call for the LCR in the meantime. Registry shall do the
needful to ensure that the LCR is received in time well before
the next date fixed.
10. List on 12th January, 2026 for final hearing and orders.
(R.K. Pattanaik)
Judge
I.A. Nos.467, 468 and 469 of 2025
1. Heard Mr. Ray, learned counsel for the petitioner and
Mr. Sahoo, learned ASC for the State.
2. Instant IAs are filed seeking suspension of sentence,
stay realization of fine amount and release of the petitioner on
bail pending disposal of the revision for the reasons stated.
3. The petitioner stands convicted for an offence under
Section 376 IPC with an allied offence and directed to undergo
a sentence of seven years with fine.
4. Perused the impugned judgment as at Annexure-3. As it
appears there was a consensual relationship between the parties
but at the end, the FIR was lodged leading to the filing of the
chargesheet and trial and ultimately, the impugned judgment
vide Annexure-3 confirmed in appeal at Annexure-2.
Recording the submission of Mr. Ray, learned counsel for the
petitioner and objection of the State, the Court is inclined to
direct the petitioner to go on bail and also stay realization of
fine amount for the present.
5. Accordingly, it is ordered.
6. Consequently, the petitioner is allowed to go on bail
with suspension of sentence with suitable conditions imposed
by the learned Assistant Sessions Judge (Special Track Court),
Jajpur in in CT (Sessions) No.115/2013. It is further directed
that there shall be stay realization of fine until further orders.
7. List on the date fixed.
8. Issue urgent certified copy of this order as per rules.
(R.K. Pattanaik)
Judge
