Orissa High Court
Sanjaya Parida @ Sanjay Kumar vs State Of Odisha ... Opposite Party on 5 February, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.55 of 2025
Sanjaya Parida @ Sanjay Kumar ... Petitioners
Parida & Others
Mr. P. Nayak, Advocate
-versus-
State of Odisha ... Opposite Party
Mr. A.K. Apat, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
05.02.2025
Order No.
01. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This criminal revision is directed against the
confirming judgment dated 27.12.2024 passed by the
learned Addl. Sessions Judge, Nayagarh in Criminal
Appeal No. 15/50 of 2023 confirming the conviction
and sentence of the petitioners as recorded by the
learned JMFC, Bhapur vide judgment dated
17.10.2023 in G.R. Case No. 237 of 2021 wherein all
the revision-petitioners except the petitioner-Rajib
Parida @ Rajib Kumar Parida, who was convicted for
offence U/Ss. 452/323/324/34 of IPC, have been
convicted for offence U/Ss. 452/323/34 of IPC.
3. By the impugned judgment, all the revision-
petitioners have been directed to undergo Simple
Imprisonment (SI) for six months with payment of
fine of Rs.5,000/- in default whereof to undergo SI
for a further period of one month for offence
punishable U/S.452/34 of IPC; to pay a fine of
Rs.500/- in default whereof, to undergo SI for a
further period of fifteen days for offence U/Ss.
323/34 of IPC, whereas the petitioner- Rajib Parida @
Rajib Kumar Parida in addition to his above sentence,
has also been sentenced to undergo SI for one year
with payment of fine of Rs.1,000/- in default whereof,
to undergo SI for a further period of one month for
offence U/S.324 of IPC.
4. Heard, Mr. Pratik Nayak, learned counsel for
all the revisioner petitioners and Mr. A.K. Apat,
learned Addl. Public Prosecutor in the matter and
perused the record.
5. Admit.
6. Call for the soft/digitized copy of the
LCR/TCR by the next date.
7. List this matter on 10th April, 2025.
8. This is an application for stay realization of
fine imposed on the revision-petitioners.
9. Heard, Mr. Pratik Nayak, learned counsel for
all the revisioner petitioners and Mr. A.K. Apat,
learned Addl. Public Prosecutor in the matter and
perused the record.
10. Realization of fine from the revision-petitioners
under the impugned judgment of conviction passed by
the learned JMFC, Bhapur vide judgment dated
17.10.2023 in G.R. Case No. 237 of 2021 which has
been confirmed in appeal shall remain stayed till
disposal of the revision petition.
11. Accordingly, the I.A. stands disposed of.
12. This is an application U/S. 389 of CrPC for
grant of bail to the revision-petitioners pending
suspension of further execution of sentence till
disposal of the revision petition.
13. Heard, Mr. Pratik Nayak, learned counsel for
all the revisioner petitioners and Mr. A.K. Apat,
learned Addl. Public Prosecutor in the matter and
perused the record.
14. Since the revision-petitioner- Rajib Parida @
Rajib Kumar Parida is sentenced to a maximum
substantive Simple Imprisonment (SI) for one year
and rest of the petitioner being sentenced to undergo
maximum substantive imprisonment of SI for six
months, this Court considers it appropriate to direct
release of the petitioners on bail, otherwise the final
outcome which might come in case the petitioners
succeed in this revision, will be frustrated.
15. Accordingly, the IA stands allowed and each
of the revision-petitioners be released on bail on such
terms and conditions as deems fit and proper by the
convicting Court.
16. The I.A. is accordingly disposed of.
(G. Satapathy)
Judge
S. Sasmal
Location: High Court of Orissa
Date: 07-Feb-2025 12:10:13
