Nilanchala Patra & Others vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 1105 Ori

Orissa High Court

Nilanchala Patra & Others vs State Of Odisha .... Opposite Party on 10 July, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                              CRLREV No.341 of 2025

            Nilanchala Patra & others          ....               Petitioners
                                                    Mr. M.R. Baug, Advocate

                                        -Versus-

            State of Odisha                  ....              Opposite Party
                                                       Mr. P.K. Swain, AGA

                      CORAM:
                      MR. JUSTICE R.K. PATTANAIK

                                       ORDER

10.07.2025

Order No. I.A. No.521 of 2025

01. 1. Heard Mr. Baug, learned counsel for the petitioners.

2. Instant I.A. is filed for condoning the delay in filing of the revision in terms of Section 5 of Limitation Act.

3. Delay of 6 days is reported as per the S.R.

4. Accepting the explanation offered by the petitioners towards the delay, the Court is inclined to condone the same and to enable hearing of the revision for its disposal on merit.

5. I.A. is accordingly disposed of with the delay being condoned.

(R.K. Pattanaik) Judge

02. 1. Heard Mr. Baug, learned counsel for the petitioners.

2. Instant revision is filed by the petitioners challenging the impugned judgment in Criminal Appeal No.63 of 2022 arising out of S.T. Case No.92 of 2021 (T) on the grounds stated therein.

3. Considering the plea of the petitioners and submission of Mr. Baug, learned counsel appearing for them, the Court is inclined to issue notice to the opposite party.

4. Hence, it is ordered.

5. Mr. Swain, learned AGA for the State accepts the notice for the opposite party.

6. L.C.R. be called for from the learned Court below.

7. List on 7th August, 2025 for final hearing and orders.

(R.K. Pattanaik) Judge I.A. Nos.522 & 551 of 2025

03. 1. Heard Mr. Baug, learned counsel for the petitioners.

2. Instant I.As. are filed by the petitioner seeking release of the petitioners on bail and stay realization of find amount awarded against them on the grounds stated therein.

3. The petitioners stand convicted for an offence under Section 395 I.P.C and to undergo sentence of four years with a fine of Rs.5000/- carrying a default sentence.

4. Mr. Baug, learned counsel for the petitioners submits that the petitioners have remained in custody for two and half

years and was on bail during trial and pendency of appeal. On the other hand, the release of the petitioners is opposed by Mr. Swain, learned AGA for the State, since they have been convicted for an offence under Section 395 I.P.C.

5. But having regard to the fact that the petitioners were on bail and in the meantime, before the impugned judgment at Annexure-2 arrived, they had been in custody for nearly two and half years, which is more than the maximum sentence directed by the learned Courts below, the Court is inclined to release them on bail with suitable conditions imposed by learned Chief Judicial Magistrate-cum-Assistance Sessions Judge, Ganjam, Berhampu in S.T. Case No. 52 of 2021 (T) and accordingly, it is ordered.

6. Consequently, the petitioners allowed to be released on bail, as an interim measure, in connection with S.T. Case No. 52 of 2021 (T) with such conditions imposed by learned Trial Court.

7. List on the date fixed for further orders.

8. Urgent certified copy of this order be issued as per rules.

(R.K. Pattanaik) Judge Balaram

Designation: Personal Assistant