Orissa High Court

Ajaya Kumar Nath vs State Of Odisha on 8 July, 2025

Author: B. P. Routray

Bench: B. P. Routray

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 08-Jul-2025 19:01:20



                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                    CRLA No.599 of 2025
                                Ajaya Kumar Nath                                ....         Appellant
                                                                           Mr. A.K.Pradhan, Advocate
                                                                -versus-
                                State of Odisha                                 ....       Respondent
                                                                             Mr. T.K.Dash, Addl.P.P.

                                             CORAM:
                                             SHRI JUSTICE B. P. ROUTRAY
                                                           ORDER

08.07.2025 Order No.

03. 1. Heard.

2. Admit.

3. Call for the copy of TCR.

4. List the matter on 9th October, 2025.

5. Heard Mr. Pradhan, learned counsel for the Appellant - Petitioner and Mr. Dash, learned Addl.P.P. for State - Respondent.

6. The Appellant who is convicted for commission of offences under Section 498A/ 323 of the Indian Penal Code and sentenced to undergo R.I. for two years along with fine by learned Adhoc Additional Sessions Judge, FTSC, Kendrapara in his judgment dated 6th February 2025 has prayed to release him on bail pending appeal.

7. It is submitted on behalf of the Appellant that he was on bail during trial and upon conviction also released on bail in terms of the provision contained in Section 389 (3) of the Cr.P.C.

Location: High Court of Orissa, Cuttack

8. Upon hearing both parties and considering the factors like he is continuing on bail under Section 389 (3) of the Cr.P.C. and that he was all along bail during trial, it is directed to release the Appellant- Petitioner on bail pending appeal on such terms and conditions to be fixed by the learned Adhoc Additional Sessions Judge, FTSC, Kendrapara in connection with S.T.Case No. 46 of 2022 arising out of Rajkanika P.S. Case No.178 of 2019.

9. The I.A. is disposed of.

10. There shall be stay of realization of fine amount as imposed by learned Adhoc Additional Sessions Judge, FTSC, Kendrapara in the impugned judgment dated 6th February 2025 till disposal of the appeal.

11. The I.A. is disposed of.

12. An urgent certified copy of this order shall be issued on proper application.

( B.P. Routray) Judge S.Das