Abhijit Nayak@Gulu & Another vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 1369 Ori

Orissa High Court

Abhijit Nayak@Gulu & Another vs State Of Odisha .... Opposite Party on 17 July, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLREV No.337 of 2025
            Abhijit Nayak@Gulu & another           ....            Petitioners

                                            Mr. Sitikanta Mishra, Advocate
                                       -Versus-
            State of Odisha                        ....       Opposite Party

                                                      Mr. P.K.Sahoo, ASC

                      CORAM:
                      MR. JUSTICE R.K. PATTANAIK

                                      ORDER

17.07.2025 Order No.

01. 1. Heard Mr. Mishra, learned counsel for the petitioners and Mr. Sahoo, learned ASC for the State.

2. Instant revision is filed by the petitioners assailing the impugned judgment dated 17th April, 2025 in Criminal Appeal No. 54 of 2023 by learned Sessions Judge, Jagatsinghpur on the grounds stated.

3. It is submitted by Mr. Mishra, learned counsel for the petitioners that the petitioners were acquitted of the offence charged with but on account of appeal being filed by the State, the learned court below passed the order of conviction and sentenced them to three years R.I. and fine.

4. In view of the submission as above and grounds stated in the revision petition, the Court is inclined to consider the response of the State.

5. Accordingly, it is ordered.

6. An extra copy of the revision petition along with annexures is directed to be served on the State.

7. Call for the LCR with an intimation to the Court concerned by the Registry.

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

(R.K. Pattanaik) Judge

I.A. Nos.528 and 481 of 2025

1. Heard.

2. Instant I.As are filed seeking release of the petitioners on bail and staying the realization of the fine amount as has been awarded by learned court below in Criminal Appeal No. 54 of 2023 for the reasons stated.

3. The petitioners were on bail during trial and pendency of appeal. Considering the grounds advanced challenging the impugned judgment i.e. Annexure-2, this Court, as an interim measure, allows the petitioners to go on bail with conditions. The Court is also inclined to stay the realization of fine amount awarded against the petitioners for the time being pending disposal of the revision.

4. Accordingly, it is ordered.

5. Consequently, the petitioners are directed to go on bail in connection with 2(a) CC Case No. 33 of 2023(Trial No. 120 of 2023) in terms of the orders of learned Gram Nyayadhikari- cum-J.M.F.C., Raghunathpur as an interim measure further staying realization of the fine amount until further orders.

6. List on the date fixed for further orders.

7. Urgent copy of this order be issued as per rules.

(R.K. Pattanaik) Judge

Kabita