Citation : 2025 Latest Caselaw 11375 Ori
Judgement Date : 16 December, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.880 of 2025
Sushil Jagat .... Petitioner
Mr. D.K. Mohapatra, Advocate
-Versus-
State of Odisha .... Opposite Party
Mr. P.K. Sahoo, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
16.12.2025 Order No.
03. 1. Heard Mr. Mohapatra, learned counsel for the petitioner.
2. Instant revision is filed by the petitioner challenging the impugned judgment at Annexure-1 in Criminal Appeal No.21/2 of 2023-25 of the learned Additional Sessions Judge, Sundargarh for having confirmed the order of conviction and sentence awarded in G.R. Case No.524(A) of 2003 on the grounds stated.
3. Considering the plea of the petitioner on the grounds stated challenging the impugned judgments at Annexures-1 and 2, this Court is inclined to direct the State to respond.
4. Hence, it is ordered.
5. Mr. Sahoo, learned ASC for the State is directed to submit the case diary and other relevant documents filed along
with chargesheet for Court's perusal on the next date of hearing.
6. For final hearing and orders, list on 20th January, 2026.
(R.K. Pattanaik) Judge
I.A. Nos.1250 of 2025 & 1251 of 2025
04. 1. Heard.
2. Instant I.As. are filed seeking release of the petitioner on bail and to stay realization of fine amount as has been directed and confirmed in appeal by the learned court below.
3. Perused the LCR received by this Court. The petitioner is alleged of having hooked a live service pole and as a result, the deceased persons came in contact with the same and died due to electric shock while trying to rescue their minor daughter aged about 8 years. In that connection, the petitioner was made to face trial and has been convicted for offences under Sections 304-A and 323 IPC and sentenced to undergo two years imprisonment besides fine, which has been modified by the learned court below. It is submitted to the Court that the petitioner was on bail during trial after having been in custody more than 31 days and at present, in custody once again after the impugned judgment in appeal.
4. Recorded the objection of Mr. Sahoo, learned ASC for the State.
5. Having regard to the nature of the alleged incident and the conduct of the petitioner, who is alleged of being grossly negligent and awarded sentence of two years with fine and since he is in custody from 6th August, 2025, awaiting final hearing upon response received from the State, this Court is inclined to allow him to go on bail with suitable conditions and is also inclined to stay realization of fine amount awarded.
6. Accordingly, it is ordered.
7. Consequently, the petitioner is directed to go on bail in connection with G.R. Case No.524(A) of 2003 upon furnishing a bond of Rs.50,000/- with two solvent sureties for the like amount with other conditions imposed by the learned J.M.F.C.(R), Sundargarh as considered expedient in the facts and circumstances of the case. The Court, besides the above, directs the stay realization of fine amount until further orders.
8. List on the date fixed.
9. Issue urgent certified copy as per orders.
(R.K. Pattanaik) Judge
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