Rakesh Das vs State Of Odisha
2025 Latest Caselaw 11231 Ori

Orissa High Court

Rakesh Das vs State Of Odisha on 15 December, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLA No.1383 of 2025

            1. Rakesh Das                             .....                 Appellants
            2. Chandan Das                                      Represented By Adv. -
            3. Sukadeb Singh                                    M/s. Smruti Ranjan Rout,
                                                                K.C. Behera, A.K. Dash,
            4. Dipuna Nayak
                                                                M.R. Nayak, S.K. Hota,
                                                                S.S. Samal

                                           -versus-
            1. State of Odisha                          .....             Respondents
            2. Informant/Victim                                 Represented By Adv. -
                                                                Mr. U.R. Jena, AGA
                                 CORAM:
            THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

                                           ORDER

15.12.2025 Order No.

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

2. Heard the learned counsel for the Appellants.

3. Appeal is admitted.

4. Call for the digitized copy of the TCR.

5. List this matter after receipt of the TCR.

6. This is an application for staying the realization of fine.

7. Heard learned counsel for the Petitioners-Appellants as well as learned Additional Government Advocate appearing for the State-Respondent No.1.

8. Considering the submission made by the learned counsel for the Petitioners-Appellants, it is directed that realization of fine amount under the impugned judgment in Spl. G.R. Case No.01 of 2025 (T.R. No.58 of 2025) passed by the learned Ad-hoc Additional District & Sessions Judge, F.T.S.C.-II, Cuttack, shall remain stayed till disposal of the appeal.

9. This interlocutory application has been filed by the Petitioners-Appellants seeking suspension of sentence and consequently grant of bail to them.

10. Heard learned counsel for the Petitioners-Appellants as well as learned Additional Government Advocate appearing for the State-Respondent No.1.

11. On perusal of the appeal memo, it appears that the Petitioners-Appellants has approached this Court by filing in the above noted appeal against the judgment dated 14th November, 2025 passed by the learned Ad-hoc Additional District & Sessions Judge, F.T.S.C.-II, Cuttack in Spl. G.R. Case No.01 of 2025 (T.R. No.58 of 2025), thereby convicting the Petitioner-Appellant No.1 under Sections 74/76/296/3(5)/115(2)/329(4) of the B.N.S. and he has been sentenced to undergo maximum imprisonment for 3 years. So far as Petitioners-Appellants No.2 to 4 are concerned, they have been sentenced to undergo maximum imprisonment for one year under Section 329(4) of B.N.S./296/3(5) of B.N.S.

12. Taking into consideration the period of sentence imposed

and further keeping in view the fact that Petitioners-Appellants were on bail, this Court directs that the Petitioners-Appellants be released on bail by the learned Ad-hoc Additional District & Sessions Judge, F.T.S.C.-II, Cuttack or the court in seisin over the matter in Spl. G.R. Case No.01 of 2025 (T.R. No.58 of 2025) on furnishing bail bond of Rs.30,000/- (Rupees thirty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the court in seisin over the matter. The court in seisin over the matter shall also impose any other conditions as deemed fit and proper. It is made clear that violation of any of the conditions, which are likely to be imposed by the trial court, shall entail an automatic cancellation of bail.

13. The I.A. is disposed of accordingly.

( A.K. Mohapatra) Judge Debasis