Orissa High Court
Unknown vs State Of Orissa on 4 February, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
Brahmajyoti Behera
(In CRLA No.1086 of 2024)
Pravat Kumar Das
(In CRLA No.1100 of 2024) ... Appellants
Mr. S. Dash, Advocate
(in CRLA No.1086 of 2024)
Ms. B. Mishra, Advocate
(in CRLA No.1100 of 2024)
-versus-
State of Orissa ... Respondent
Mr. A. Pradhan, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
04.02.2025
Order No.
03. I.A. No.2667 of 2024 (In CRLA No.1086 of 2024) &
I.A. No.2747 of 2024 (In CRLA No.1100 of 2024)
1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. Since these two Interlocutory Applications arise
out of same judgment and conviction of the appellants,
the same are heard together and disposed of by this
common order with the consent of the learned counsel for
the parties.
3. Heard, Mr. Sougat Dash, learned counsel for the
appellant-petitioner in CRLA No.1086 of 2024; Ms. Bini
Mishra, learned counsel for the appellant-petitioner in
CRLA No.1100 of 2024 and Mr. A. Pradhan, learned
Additional Public Prosecutor in the matter and perused
the record.
4. Realization of fine under the impugned judgment
in CT Case No.3(C)/2718 of 2024/2018 of the Court of
learned Court of Presiding Officer, Designated Court
under OPID Act, Balasore shall remain stayed till disposal
of the appeal.
5. Accordingly, the IA Nos.2667 and 2747 of 2024
stand disposed of.
I.A. No.2668 of 2024 (In CRLA No.1086 of 2024) &
I.A. No.2748 of 2024 (In CRLA No.1100 of 2024)
6. These two Interlocutory Applications have been
filed under Section 430 (1) & (2) of Bharatiya Nagarik
Suraksha Sanhita, 2023 (in short, "BNSS") for grant of
bail to the appellants-petitioners pending suspension of
further execution of sentence till disposal of the appeal.
7. Heard, Mr. Sougat Dash, learned counsel for the
appellant-petitioner in CRLA No.1086 of 2024; Ms. Bini
Mishra, learned counsel for the appellant-petitioner in
CRLA No.1100 of 2024 and Mr. A. Pradhan, learned
Additional Public Prosecutor in the matter and perused
the record.
8. It appears from the record that the present
appellants-petitioners have preferred these two appeals
against the impugned judgment dated 08.10.2024 passed
by the learned Court of Presiding Officer, Designated
Court under OPID Act, Balasore in CT Case No.3(C)/2718
of 2024/2018 convicting them for commission of offences
punishable U/Ss.419/ 420/ 409/ 467/ 468/ 471/ 120-B of
IPC r/w Section 66(C) & 66(D) of IT Act and they are
accordingly awarded with maximum substantive sentence
of rigorous imprisonment for seven years, but it is borne
out from the record that the appellant-petitioner
Brahmajyoti Behera has already been detained in custody
for more than three years and four months, whereas the
appellant-petitioner Pravat Kumar Das has remained in
custody for two years and two months, out of the
awarded sentences, however, co-convict Durga Charan
Panda having been found convicted for the same offence
in a split up trial has been sentenced to undergo
maximum imprisonment for three years and he was
directed to be released on bail on the date of judgment
U/S.430(3) of BNSS and, thereby, he was further
extended the benefit of bail pending suspension of further
execution of sentence by this Court in exercise of power
under Section 430 (1) & (2) of BNSS.
9. The learned trial Court while sentencing the
appellants-petitioners Brahmajyoti Behera and Pravat
Kumar Das has awarded them higher punishment than
that on the Co-convict Durga Charan Panda in a split up
trial without assigning any special reason, which
persuades this Court to presume that there is arbitrary
exercise of discretion. Be that as it may, the appellant-
petitioner Brahmajyoti Behera has already undergone
near about just two months less than the half of the
maximum imprisonment.
10. In view of the aforesaid facts and circumstance
and taking into account the rival submissions and on
going through the impugned judgment together with the
grounds of appeal, this Court by extending the principle
of parity admits the appellants-petitioners Brahmajyoti
Behera and Pravat Kumar Das to bail pending further
execution of sentence and direct for suspension of their
sentences.
11. Hence, the appellants-petitioners Brahmajyoti
Behera and Pravat Kumar Das be released on bail on such
terms and conditions as deems fit and proper by the
learned convicting Court.
12. Hence, the IA Nos.2668 and 2748 of 2024 stand
disposed of.
CRLA Nos.1086 & 1100 of 2024
13. Since soft/digitized copy of LCR/TCR is already
available on record, Office is, hereby, requested to
prepare paper books and supply the same to the learned
counsel for the parties as per Rules.
14. List this matter on 15.04.2025.
(G. Satapathy)
Judge
Subhasmita
