Aswini Kharsel @ Patel vs State Of Odisha
2025 Latest Caselaw 3805 Ori

Orissa High Court

Aswini Kharsel @ Patel vs State Of Odisha on 10 February, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          CRLA No.110 of 2025
     Aswini Kharsel @ Patel                    ...              Appellant
                                     Mr. S.K. Mohanty, Advocate
                                -versus-
     State of Odisha                      ...       Respondent
                                               Mr. A.K. Apat, Addl. PP
                                CORAM:
                         JUSTICE G. SATAPATHY
                             ORDER(ORAL)

Order No.                     10.02.2025
   02.       1.        This     matter    is       taken   up    through     Hybrid

Arrangement (Virtual/Physical Mode).

2. This is an appeal against conviction of the appellant for commission of offence U/S. 325 of the IPC.

3. Heard.

4. Admit.

5. The digitized copy of the LCR be called for from the learned trial Court.

6. List this matter on 06.05.2025.

7. Heard, Mr. Subodh Kumar Mohanty, learned counsel for the Appellant and Mr. A.K. Apat, learned Addl. Public Prosecutor in the matter.

8. Realization of fine under the impugned judgment in S.T. Case No. 24 of 2011 of the Court of learned Sessions Judge, Jharsuguda shall remain stayed till disposal of the appeal.

9. Accordingly, the IA stands disposed of.

10. This is an application under Section 430(1) & (2) of Bharatiya Nagarik Suraksha Sanhita, 2023(In short, "BNSS") for grant of bail to the appellant-petitioner pending suspension of further execution of sentence till disposal of the appeal.

11. Heard, Mr. Subodh Kumar Mohanty, learned counsel for the Appellant and Mr. A.K. Apat, learned Addl. Public Prosecutor in the matter and perused the record. At the outset, Mr. Mr. Mohanty apprises this Court that on the date of judgment, the appellant-petitioner was directed to be released on bail U/S. 430(3) of the BNSS after his conviction.

12. Having regard to the facts and rival submissions and on going through the order granting bail to the appellant-petitioner after his conviction U/S. 430(3) of the BNSS and the appeal being unlikely to be heard in near future, this Court admits the appellant-petitioner to bail and directs for suspension of his sentence.

13. Hence, the prayer for bail of the appellant- petitioner stands allowed and he be allowed to go on bail on such terms and conditions as deems fit and proper by the learned convicting Court.

14. The I.A. stands disposed of.

Digitally Signed                                                           (G. Satapathy)

Reason: Authentication                                                          Judge
Location: HIGH COURT OFPriyajit
                           ORISSA
Date: 11-Feb-2025 18:07:17