Citation : 2025 Latest Caselaw 6394 Ori
Judgement Date : 30 June, 2025
Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 30-Jun-2025 19:49:12
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.681 of 2025
Birendra @ Bipin Suna .... Appellant
Mr. D.Mund, Advocate
-versus-
State of Odisha (Vigilance) .... Respondent
Mr. S.K.Rout, Additional Standing Counsel
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
30.06.2025 Order No.
03. 1. Heard.
2. Admit.
3. Call for the copy of TCR.
4. List the matter on 13th October, 2025.
5. Heard Mr. Mund, learned counsel for the Appellant - Petitioner and Mr. Rout, learned ASC for State - Respondent - Opposite Party.
6. The Appellant who is convicted for commission of offences under Section 489 (C) of the Indian Penal Code and sentenced to undergo R.I. for three years along with fine by Additional Sessions Judge-cum-Special Judge (Vigilance), Bhawanipatna in his judgment dated 2nd June 2025 has prayed to release him on bail pending appeal.
Location: High Court of Orissa, Cuttack
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.
8. Upon hearing both parties and considering the factors that 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 Additional Sessions Judge-cum-Special Judge(Vigilance), Bhawanipatna in connection with C.T. (S.C.) No.185/31 of 2023 arising out of M.Rampur P.S. Case No.145 of 2023.
9. The I.A. is disposed of.
10. There shall be stay of realization of fine amount as imposed by learned Additional Sessions Judge-cum-Special Judge (Vigilance), Bhawanipatna in the impugned judgment dated 2nd June, 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
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