Nilu Muni vs State Of Odisha
2025 Latest Caselaw 4217 Ori

Orissa High Court

Nilu Muni vs State Of Odisha on 19 February, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                      CRLA No.134 of 2025
     Nilu Muni                              ...            Appellant
                                    Mr. S.K.Bhanjadeo, Advocate
                                -versus-
     State of Odisha                      ...        Respondent
                                        Mr. R.B.Mishra, Addl. PP
                                CORAM:
                         JUSTICE G. SATAPATHY
                                ORDER(ORAL)

Order No.                        19.02.2025
   02.       1.        This   matter   is   taken   up      through   Hybrid

Arrangement (Virtual/Physical Mode).

2. This is an appeal against conviction and sentence of the appellant for the offence U/Ss. 52(a)(i) of Orissa Excise Act, 2008 ( in short "the Act").

3. Heard.

4. Admit.

5. Call for the soft copy of the LCR.

6. List this matter on 12.05.2025.

7. Heard, Mr. Sanjib Kumar Bhanjadeo, learned counsel for the appellant and Mr. R.B.Mishra, learned Addl. Public Prosecutor in the matter and perused the record.

8. Realization of fine under the impugned judgment in S.T. Case No. 08 of 2024/E.Court No. 143 of 2024 of the Court of learned 1st Addl. Sessions Judge-cum-Special Judge, Berhampur 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") by the appellant-petitioner for grant of bail pending suspension of further execution of sentence till disposal of the appeal.

11. Heard, Mr. Sanjib Kumar Bhanjadeo, learned counsel for the appellant and Mr. R.B.Mishra, learned Addl. Public Prosecutor in the matter and perused the record. Mr.Bhanjadeo also supplies the certified copy of the order sheet dated 17.01.2025 passed in S.T. Case No. 08 of 2024, wherein the convict has been granted bail on the date of judgment after his conviction and one month time has been granted to the appellant to obtain order of bail from the Appellate Court.

12. In view of the above facts and after having considered the release of the appellant-petitioner on bail on the date of judgment after conviction and taking into account the other circumstance on record and the appeal being unlikely to heard in near future, this Court admits the appellant-petitioner to bail by suspending execution of his sentence.

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

14. Accordingly, the IA stands disposed of.

Signed by: KISHORE KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 20-Feb-2025 13:26:57 (G. Satapathy) Judge kishore