Orissa High Court
Jugal Jal vs State Of Odisha .... Opposite Party on 29 July, 2025
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.344 of 2025
Jugal Jal .... Petitioner
Mr. T.K.Sahu, Advocate
-Versus-
State of Odisha .... Opposite Party
Mr. B.Dash, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
29.07.2025
Order No.
02. 1. Heard Mr. Sahu, learned counsel for the petitioner and
Ms. Dash, learned ASC for the State.
2. Instant revision is filed by the petitioner assailing the
impugned judgment in Criminal Appeal No. 01 of 2022 of
learned Additional Sessions Judge, Titilagarh confirming the
decision by order dated 21st March, 2022 of learned Assistant
Sessions Judge, Titilagarh in S.C. Case No. 81/98 of 2008-13,
whereby, he has been convicted and sentenced for an offence
under Section 376 IPC on the grounds stated therein.
3. To consider and appreciate the plea of the petitioner and
grounds advanced, the Court is inclined to call for the LCR.
4. Hence, it is ordered.
5. LCR be called for with an intimation to the Court
concerned immediately. Registry is to take steps to ensure
transmission of the record in S.C. Case No. 81/98 of 2008-13
so as to reach this Court well before the next date fixed.
6. List on 13th September, 2025 for hearing and orders.
(R.K. Pattanaik)
Judge
I.A. Nos.563 and 564 of 2025
03. 1. Heard.
2. Instant I.As are filed seeking release of the petitioner on
bail with the suspension of sentence under Section 389 Cr.P.C.
and staying realization of the fine amount as has been awarded
and confirmed in Criminal Appeal No. 01 of 2022 by learned
court below for the reasons stated.
3. Mr. Sahu, learned counsel for the petitioner submits
that the petitioner has remained in judicial custody for nearly
one year two months and five days during the stage of trial and
was released on bail thereafter. It is further submitted that ever
since such release, the petitioner is on bail even during the
pendency of appeal before the learned court below and
considering the same, notwithstanding the order of conviction
and sentence of seven years and fine for the alleged offence, he
should be allowed to go on bail with suitable conditions
imposed.
4. An objection is received from Ms. Dash, learned ASC
for the State in view of the conviction of the petitioner for an
offence under Section 376 IPC confirmed in appeal by the
learned court below.
5. Perused the F.I.R. as at Annexure-1 and the
circumstances leading to the lodging of the F.I.R. The report
was lodged by the victim in 2008 in connection with an
incident in 2007. The details of the mischief committed by the
petitioner stand described therein. It is made to appear from
Annexure-1 and narration in the impugned judgments at
Annexures-3 & 4 that after the alleged mischief in 2007, the
victim had relationship with the petitioner and became pregnant
with a child born out of such wedlock.
6. Considering the above facts and submission of Mr.
Sahu, learned counsel for the petitioner and also the objection
of Ms. Dash, learned ASC for the State, this Court, pending
disposal of the revision, is inclined to allow the petitioner to
remain on bail subject to conditions imposed by the court of
learned Assistant Sessions Judge, Titilagarh. In other words,
the Court is in favour of directing the release of the petitioner
on bail with the suspension of sentence in terms of Section 389
Cr.P.C. till disposal of the revision, all the more when, he had
been in custody for more than a year and remained outside
during the trial and pendency of appeal before the court of
learned Additional Sessions Judge, Titilagarh.
7. Accordingly, it is ordered.
8. Consequently, the petitioner is directed to go on bail in
connection with S.C. Case No. 81/98 of 2008-13 subject to
conditions imposed by the learned Assistant Sessions Judge,
Titilagarh. It is also directed that the fine awarded by the
learned Trial Court confirmed in appeal shall remain stayed
until further orders.
9. List on the date fixed for further orders.
10. Urgent copy of this order be issued as per rules.
(R.K. Pattanaik)
Judge
Kabita
