Jyoti Prasad Mahapatra vs Gouranga Chakra And Another ... ...
2025 Latest Caselaw 2848 Ori

Orissa High Court

Jyoti Prasad Mahapatra vs Gouranga Chakra And Another ... ... on 22 January, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                         CRLREV No.22 of 2025
     Jyoti Prasad Mahapatra                     ...              Petitioner
                                           Mr. S.K. Dash, Advocate
                         -versus-
     Gouranga Chakra and another ...                    Opposite Parties
                                         Mr. M.K.Mohanty, Addl. PP
                                CORAM:
                         JUSTICE G. SATAPATHY

                                ORDER(ORAL)

22.01.2025 Order No.

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

2. This is a revision by the Petitioner challenging the confirming judgment dated 27.12.2024 passed by the learned Additional District and Sessions Judge, Parlakhemundi in Criminal Appeal No. 23 of 2018 confirming the judgment dated 23.08.2018 passed by the learned Chief Judicial Magistrate, Gajapati in GR Case No. 07 of 2007 convicting the Petitioner for offence U/S. 409 of IPC and sentencing him to undergo Rigorous Imprisonment(In short "RI") for one year and to pay fine of Rs. 5,000/- only in default whereof, to undergo RI for 3 months.

3. Heard.

4. Admit.

5. The learned Convicting Court be requested to submit the soft copy of the LCR by next date.

6. List this matter on 28.02.2025.

I.A. Nos. 15 & 16 of 2025

7. These are two interlocutory applications seeking for stay realization of fine and grant of interim bail pending execution of further sentence.

8. Heard, Mr. Soubhagya Kumar Das, learned counsel for the Petitioner and Mr. Manoj Kumar Mohanty, learned counsel for the OP in the matter and perused the record.

9. It is submitted by Mr. Das that the alleged misappropriated money to the tune of Rs. 30,159/- had already been deposited by the convict after three days of its detection, but FIR was lodged against him after near about two years thereafter, but the Petitioner has not yet suffered any incarceration. Further, Mr. Das submits that the Petitioner is a special abled person with amputation of leg from below the knee and his disability is to the extent of 100 %. On the other hand, the disability of the Petitioner is not disputed by the learned Addl. Public Prosecutor.

10. In view of the aforesaid premises and after having considered the rival submissions, this Court admits the Petitioner to bail pending suspension of further execution of sentence till disposal of the revision and directs for stay realization of fine till then.

11. Accordingly, the Petitioner be released on bail on furnishing bail bond of Rs. 20,000/-(Rupees Twenty Thousand) only with one solvent surety for the like amount to the satisfaction of the Convicting Court.

12. Accordingly, the IA Nos. 15 & 16 of 2025 stand disposed of.

13. Issue urgent certified copy of the order as per Rules.

(G. Satapathy) Judge

Priyajit

Location: HIGH COURT OF ORISSA