Bhagaban Harijan @ Bagh vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 750 Ori

Orissa High Court

Bhagaban Harijan @ Bagh vs State Of Odisha .... Opposite Party on 1 July, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                CRLREV No.742 of 2024
            Bhagaban Harijan @ Bagh               ....                Petitioner
                                                   Mr. R.L. Pattnaik, Advocate
                                           -Versus-
            State of Odisha                      ....            Opposite Party
                                                          Mr. P.K. Sahoo, ASC

                         CORAM:
                         MR. JUSTICE R.K. PATTANAIK

                                          ORDER

01.07.2025 Order No.

01. 1. Heard Mr. Pattnaik, learned counsel for the petitioner and Mr. Sahoo, learned ASC for the State.

2. Instant revision is filed by the petitioner challenging the impugned judgment in Criminal Appeal Case No.39 of 2014 of learned Additional Sessions Judge, Nabarangpur for having confirmed the order of conviction modifying the sentence directed in Criminal Trial No.124 of 2013 on the grounds stated therein.

3. Mr. Pattnaik, learned counsel for the petitioner submits that the petitioner stands convicted for the offences under Section(s) 363 & 376 I.P.C and sentenced to undergo RI for five years and to pay fine of Rs.2000/- with default sentence under Section 376 I.P.C and RI for one year and fine of Rs.1000/- in default to undergo RI for further three months for the offence under Section 363 I.P.C. and he is in custody since 30th October, 2024 after having surrendered before the learned Assistant Sessions Judge (STC), Nabarangpur.

4. Considering the grounds advanced and submission of Mr. Pattnaik, learned counsel for the petitioner, the Court is inclined to issue notice to the opposite party.

5. Hence, it is ordered.

6. Notice.

7. Mr. Sahoo, learned ASC for the State accepts notice for the opposite party.

8. An extra copy of the revision petition with the annexures is requested to be served on the State by tomorrow.

9. List on 29th July, 2025 for final hearing and orders.

(R.K. Pattanaik) Judge

I.A. Nos.1163 and 1164 of 2024

02. 1. Heard learned counsel for the respective parties.

2. Instant I.As. are filed by the petitioner for release of the petitioner on bail and stay of realization of fine for the reasons stated therein.

3. It is submitted that the petitioner is in custody ever since surrendered before the learned Court below on 30th October, 2024 and hence, he should be allowed to go on bail. A serious objection is received from the side of the State for the fact that the petitioner is a married person and he has committed the alleged mischief involving in a minor. In response to the above, Mr. Pattnaik, learned counsel for the

petitioner would submit that the petitioner is a young boy aged about 20 years only. However, considering the fact that the petitioner stands convicted and sentenced to undergo RI for five years, the Court is inclined to issue notice to the informant for a reply and response before considering his release as has now been pleaded for.

4. List on the date fixed for orders.

5. Extra copy of the I.A. be served on the State in course of the day.

(R.K. Pattanaik) Judge Balaram

Designation: Personal Assistant