Kuni Barlia vs State Of Odisha
2025 Latest Caselaw 2671 Ori

Orissa High Court

Kuni Barlia vs State Of Odisha on 16 January, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  CRLA No.1039 of 2024

            Kuni Barlia                             .....                   Appellant
                                                              Represented By Adv. -
                                                              Mr. Sahasransu Sourav

                                           -versus-
            State Of Odisha                       .....                  Respondent
                                                            Represented By Adv. -

                                                            Mr. Manas Ranjan
                                                            Mohanty, AGA

                                 CORAM:
            THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

                                           ORDER

16.01.2025 Order No.

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

2. Heard.

3. Admit.

4. Call for the digitized copy of the LCR.

5. This interlocutory application has been filed by the Petitioner-Appellant seeking her release on bail.

6. Heard learned counsel for the Petitioner-Appellant as well as learned Additional Government Advocate appearing for the

State-Respondent.

7. It is stated by the Learned counsel for the Petitioner- Appellant that the Petitioner-Appellant has been convicted for commission offence punishable under Section 304(1)/201 of the I.P.C. and she has been sentenced to undergo rigorous imprisonment for 10 (ten) years and to pay a fine of Rs.5,000/-, in default, to undergo rigorous imprisonment for a further period of two months for the aforesaid offence. Learned counsel for the Petitioner-Appellant further contended that the Petitioner- Appellant is in custody for more than seven years and 7 months at this point. On such ground, learned counsel for the Petitioner- Appellant submitted that the Petitioner-Appellant be released on bail.

8. Learned counsel for the State-Respondent, on the other hand, opposed the release of the Petitioner-Appellant on bail on the ground that there exists a case against the present Petitioner- Appellant as she has already been found guilty and has been convicted.

9. Having heard the learned counsel appearing for the respective parties and on a careful examination of the materials on record and further keeping in view the period of sentence already undergone and the maximum sentence imposed, it is directed that the Petitioner-Appellant be released on bail by the learned Sessions Judge, Sundargarh in S.T. Case No.98 of 2017 on such terms and conditions as it may deem just and proper. It is made clear that violation of any of the conditions, which is

likely to be imposed by the trial court, shall entail cancellation of bail.

10. The I.A. is disposed of.

11. This is an application for staying the realization of fine.

12. Heard learned counsel for the Petitioner-Appellant as well as learned Additional Government Advocate appearing for the State-Respondent.

13. Considering the submission made by the learned counsel for the Petitioner-Appellant, it is directed that realization of fine amount under the impugned judgment in S.T. Case No.98 of 2017 passed by learned Sessions Judge, Sundargarh shall remain stayed till disposal of the appeal.

14. The I.A. is disposed of.

Urgent certified copy of this order be granted on proper application.

( Aditya Kumar Mohapatra) Judge Debasis