Deepak Barik @ Dipak Kumar vs State Of Odisha
2025 Latest Caselaw 3114 Ori

Orissa High Court

Deepak Barik @ Dipak Kumar vs State Of Odisha on 30 January, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLA No.72 of 2025

     Deepak Barik @ Dipak Kumar               ...             Appellant
     Barik
                                        Mr. D.K.Sahoo, Advocate
                                -versus-
     State of Odisha                      ...        Respondent
                                              Mr. A.K.Apat, Addl. PP
                                CORAM:
                         JUSTICE G. SATAPATHY
                                ORDER(ORAL)

Order No.                        30.01.2025
   01.       1.        This    matter    is    taken   up    through     Hybrid

Arrangement (Virtual/Physical Mode).

2. This is an appeal against conviction and sentence of the appeal for the offence U/Ss. 363/366 of the IPC read with Sec. 109 of the IPC.

3. Heard.

4. Admit.

5. Since the digitized copy of the LCR has already been called for by this Court in CRLA No. 1300 of 2024 which has been preferred by co-convict Kalia @ Rashmiranjan Nayak, the present appeal be tagged with that appeal.

6. List this matter on 10.02.2025 along with CRLA No. 1300 of 2024.

7. Heard, Mr. Deepak Kumar Sahoo, learned counsel for the appellant and Mr. A.K.Apat, learned Addl. Public Prosecutor in the matter and perused the record.

8. Realization of fine under the impugned judgment in S.T. Case No. 84 of 2016 of the Court of learned Ad- hoc Addl. Sessions Judge (FTSC), Kendrapara 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. Deepak Kumar Sahoo, learned counsel for the appellant and Mr. A.K.Apat, learned Addl. Public Prosecutor in the matter and perused the record.

12. Since the appellant is sentenced to maximum substantive sentence of RI for three years for his conviction for offence U/S. 366/109 of the IPC and the accused being all along on bail during trial and he was directed to be released on bail on the date of judgment in terms of the submission of Mr.Deepak Kumar Sahoo, learned counsel for the appellant, this Court admits the appellant-petitioner to bail pending suspension of further 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. The aforesaid order would be valid, if it is found that the appellant-petitioner was

directed to be released on bail by the convicting Court on the date of passing of the judgment.

14. Accordingly, the IA stands disposed of.

(G. Satapathy) Judge

kishore

Signed by: KISHORE KUMAR SAHOO

Location: High Court of Orissa Date: 30-Jan-2025 17:04:56