Citation : 2025 Latest Caselaw 1956 Ori
Judgement Date : 31 July, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.646 of 2025
Manoj Kumar Parida ..... Appellant
Represented By Adv. -
M/s. Puspamitra
Mohapatra, A.K. Nayak,
S. Mohapatra, S.R. Panda
-versus-
State of Odisha ..... Respondent
Represented By Adv. -
Smt. Sasmita Nayak, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
31.07.2025
03. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. This interlocutory application has been filed by the Petitioner-Appellant seeking his release on bail.
3. Heard learned counsel for the Petitioner-Appellant as well as learned Additional Standing Counsel appearing for the State- Respondent.
4. Learned counsel for the Petitioner-Appellant, at the outset, contended that being aggrieved by the judgment dated 27.05.2025 passed by the learned Additional Sessions Judge- cum-Special Judge, Jagatsinghpur in C.T. Case No.130 of 2015,
the Petitioner-Appellant has preferred the above noted appeal. Learned counsel for the Petitioner-Appellant further contended that initially the Petitioner-Appellant was charged under Sections 307/354 of I.P.C. read with Section 3(1)(x) of S.C. & S.T. (PoA) Act. Accordingly, the Petitioner faced trial and by virtue of the impugned judgment, the Petitioner-Appellant was found guilty and he has been convicted for commission of offence punishable under Section 325 of I.P.C. and he has been sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.10,000/-, in default, to undergo rigorous imprisonment for a further period of two months for the aforesaid offence. Learned counsel for the Petitioner-Appellant further submitted that the Petitioner-Appellant has been acquitted from other charges levelled against him initially. Learned counsel for the Petitioner-Appellant further submitted that the maximum period of sentence that has been imposed is five years. He further submitted that the Petitioner-Appellant was on bail all throughout during trial. However, from the date of judgment, i.e. 27.05.2025, the Petitioner-Appellant is in custody. He further submitted that the Petitioner-Appellant is a very good case and that there is every likelihood that the appeal preferred by the Petitioner-Appellant might be allowed by this Court. On such ground, learned counsel for the Petitioner- Appellant submitted that the Petitioner-Appellant be released on bail.
5. Learned counsel for the State-Respondent, on the other
hand, opposed the release of the Petitioner-Appellant on bail on the ground that the Petitioner-Appellant has already convicted and there exists a prima facie case against the present Petitioner.
6 Taking into consideration the maximum sentence imposed and the fact that there is no possibility of appeal being heard in the near future, it is directed that the Petitioner-Appellant be released on bail by the learned Additional Sessions Judge-cum- Special Judge, Jagatsinghpur in C.T. No.130 of 2015 on such terms and conditions as it may deem just and proper. It is made clear that violation of any of the conditions, which is likely to be imposed by the trial court, shall entail cancellation of bail.
7. The I.A. is disposed of.
( Aditya Kumar Mohapatra) Judge Debasis
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