Subha @ Subhankar Dalai vs State Of Odisha
2025 Latest Caselaw 3720 Ori

Orissa High Court

Subha @ Subhankar Dalai vs State Of Odisha on 6 February, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          CRLA No.135 of 2025

       Subha @ Subhankar Dalai                 ...           Appellant
                                              Mr. K. Gaya, Advocate

                                  -versus-
       State of Odisha                         ...         Respondent
                                            Mr. A. Pradhan, Addl. PP

                                CORAM:
                         JUSTICE G. SATAPATHY
                                ORDER(ORAL)

06.02.2025 Order No.

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

2. This is an appeal against conviction of the appellant-petitioner for offence U/Ss.67/67-A of the IT Act and Section 509 of the IPC.

3. Heard Mr. Karunakar Gaya, learned counsel for the appellant-petitioner and Mr. A. Pradhan, learned Addl. Public Prosecutor in the matter and perused the record.

4. Admit.

5. Call for the soft/digitized copy of the LCR/TCR by the next date.

6. List this matter on 21st April, 2025. I.A. No. 326 & 327 of 2025

7. Out of these two I.As filed by the appellant- petitioner, one is U/S.430(2) of BNSS Act for grant of

bail and suspension of sentence and another I.A. is filed for stay realization of fine.

8. In the course of hearing, Mr. Karunakar Gaya, learned counsel for the appellant-petitioner informs the Court that the appellant-petitioner has already undergone the maximum substantive sentence of imprisonment of two years and, thereby, realization of fine may kindly be stayed. On the other hand, Mr. A. Pradhan, learned Addl. Public Prosecutor, however, does not dispute about the custody of the appellant- petitioner for two years, but he, however, opposes the prayer of the appellant-petitioner.

9. After having considered the rival submissions and on going through the impugned judgment, it appears that the appellant-petitioner has already undergone the substantive sentence of imprisonment and, therefore, the prayer for bail of the appellant- petitioner pending suspension of sentence and suspension of sentence have become infructuous, but taking into account the default sentence for non- payment of fine, this Court considers that the realization of fine be stayed in the interest of justice.

Accordingly, the prayer of the appellant- petitioner for stay realization of fine stands allowed and the realization of fine under the impugned judgment in C.T. Special (POCSO) Case No.101 of 2020 of the Court of learned Adhoc Addl. District & Sessions Judge (FTSC), Jajpur shall remain stayed till disposal of the appeal.

10. Accordingly, both these IAs stand disposed of.

(G. Satapathy) Judge S. Sasmal

Location: High Court of Orissa Date: 07-Feb-2025 12:10:13