Budhia @ Subash Chandra vs State Of Odisha
2025 Latest Caselaw 4629 Ori

Orissa High Court

Budhia @ Subash Chandra vs State Of Odisha on 4 March, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                         CRLA No.1068 of 2024
     Budhia @ Subash Chandra                 ...           Appellants
     Pradhan and others
                                      Mr. A. Tripathy, Advocate
                               -versus-
     State of Odisha                     ...         Respondent
                                        Mr. A. Pradhan, Addl. PP
                                CORAM:
                         JUSTICE G. SATAPATHY
                             ORDER(ORAL)

Order No.                     04.03.2025
   05.       I.A. No. 2594 of 2024
             1.        This   matter    is       taken   up   through     Hybrid

Arrangement (Virtual/Physical Mode).

2. This is an application by the appellants- petitioners for stay realization of fine.

3. Heard, Mr. Amitav Tripathy, learned counsel for the appellants and Mr. A. Pradhan, learned Addl. Public Prosecutor in the matter and perused the record.

4. Realization of fine from the Appellants under the impugned judgment in S.T. Case No.67 of 2023 of the Court of learned Addl. Addl. Sessions Judge, Odagaon shall remain stayed till disposal of the appeal.

5. The I.A. is, accordingly, disposed of.

6. This is an application under Sections 430(1) & (2) of Bharatiya Nagarik Suraksha Sanhita, 2023(In short, "BNSS") by the appellants-petitioners for grant of

bail to them pending further execution of sentence till disposal of the appeal.

7. Heard, Mr. Amitav Tripathy, learned counsel for the appellants and Mr. A. Pradhan, learned Addl. Public Prosecutor in the matter and perused the record.

8. It appears from the record that although the present appellants-petitioners have been charged for offences U/Ss. 307/341/506/34 of IPC, but they have been convicted for offence U/Ss. 326/341/34 of IPC and accordingly, awarded with maximum substantive sentence of Rigorous Imprisonment for seven years, but the appellants-petitioners have already undergone custodial period of near about twenty days during trial and five months post conviction.

9. In view of the aforesaid facts and after having considered the rival submissions and taking into account the custodial period keeping in view the fact that the appeal being unlikely to be heard in near future, this Court admits the appellants-petitioners to bail by suspending their sentence.

10. Hence, the prayer for bail of the appellants-petitioners stands allowed and they be allowed to go on bail on such terms and conditions as deems fit and proper by the learned convicting Court.

11. The I.A. stands disposed of.

12. Since LCR is already available on record, Office is requested to prepare paper books and supply

the same to the learned counsel for the parties in accordance with Rules.

13. List this matter on 16.05.2025.

(G. Satapathy) Judge

Priyajit

Location: HIGH COURT OF ORISSA