Patitapaban Behera vs Sarbeswar Jena .... Opposite Party
2025 Latest Caselaw 1771 Ori

Orissa High Court

Patitapaban Behera vs Sarbeswar Jena .... Opposite Party on 28 July, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                CRLREV No.399 of 2025
            Patitapaban Behera                      ....            Petitioner
                                                    Mr. B.S. Das, Advocate

                                         -Versus-

            Sarbeswar Jena                            ....     Opposite Party

                      CORAM:
                      MR. JUSTICE R.K. PATTANAIK

                                       ORDER

28.07.2025 Order No.

01. 1. Heard Mr. Das, learned counsel for the petitioner.

2. Instant revision petition is filed by the petitioner challenging the impugned judgment dated 26th May, 2025 passed in Criminal Appeal No.42 of 2025 by the learned Additional District & Sessions Judge, Pattamundai corresponding to I.C.C. Case No.30 of 2020 on the grounds stated therein.

3. Considering the plea of the petitioner and submission of learned counsel for the petitioner, this Court is inclined to issue notice to the opposite party. Hence, it is ordered.

4. Notice to the opposite party by Registered Post with A.D. returnable at an early date and for the said purpose, learned counsel for the petitioner shall file requisites within seven days from today.

5. List this matter on 8th September, 2025 for hearing and final orders.

(R.K. Pattanaik) Judge I.A. Nos.574 and 575 of 2025

02. 1. Heard Mr. Das, learned counsel for the petitioner.

2. Instant IAs are filed seeking release of the petitioner on bail with the suspension of sentence and staying realization of fine amount, as has been awarded, for the reasons stated therein.

3. It is informed to the Court that the petitioner is on bail at present.

4. The order of conviction and sentence in 1.C.C. Case No.30 of 2020 stood confirmed in Criminal Appeal No.42 of 2025. However, considering the facts pleaded on record and the grounds advanced from the side of the petitioner, this Court is inclined and in favour of directing release of the petitioner with the suspension of sentence and also staying realization of fine amount as an interim measure subject to release of the statutory deposit in favour of opposite party. Accordingly, it is ordered with the direction for release of the petitioner on bail by the learned J.M.F.C., Pattamundai in connection with 1.C.C. Case No.30 of 2020 with suitable conditions. It is further directed that such release of the petitioner shall be subject to release of the statutory deposit in favour of the opposite party.

5. List on the date fixed.

6. Issue urgent certified copy of this order as per rules.

(R.K. Pattanaik) Judge

Alok