Kandiri Sahu vs State Of Odisha
2025 Latest Caselaw 4716 Ori

Orissa High Court

Kandiri Sahu vs State Of Odisha on 6 March, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                           CRLA No.250 of 2025

     Kandiri Sahu                             ...         Appellant
                                             Mr. C.Rout, Advocate

                                -versus-
     State of Odisha                          ...      Respondent
                                           Mr. R.B.Mishra, Addl. PP

                               CORAM:
                        JUSTICE G. SATAPATHY
                                ORDER(ORAL)

06.03.2025 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. This is an appeal against conviction and sentence of the appellant for commission of offence punishable U/S. 201/34 of IPC.

3. Heard.

4. Admit. Call for the digitized copy of the LCR/TCR by next date, but since another appeal has been filed by co-accused in CRLA No. 113 of 2025 and if the LCR has been called for in the said appeal, then there is no necessity to call for the LCR from the said Court.

5. List this matter on 12.03.2025 along with

6. This is an application by the appellant- petitioner for stay realization of fine.

7. Heard Mr. Chiranjib Rout, learned counsel for the appellant and Mr. R.B.Mishra, learned Addl. Public Prosecutor in the matter and perused the record.

8. Realization of fine from the appellant under the impugned judgment in C.T.(S) Case No.98 of 2016 of the Court of learned Addl. Sessions Judge, Talcher shall remain stayed till disposal of the appeal.

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

10. This is an application U/S.430(1) & (2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, "BNSS") for grant of bail to the appellant-petitioner pending suspension of further execution of sentence till disposal of the appeal.

11. Heard Mr. Chiranjib Rout, learned counsel for the appellant and Mr. R.B.Mishra, learned Addl. Public Prosecutor in the matter and perused the record.

12. It appears from the record that the present appellant-petitioner has been convicted for commission of offence punishable U/S. 201/34 of IPC and she is accordingly awarded with maximum substantive sentence of Rigorous Imprisonment for two years, but the appellant-petitioner was in custody for around more than one month during trial and right now she is on bail after conviction as informed by the learned counsel for the appellant.

13. In view of the aforesaid fact and circumstance, since the appellant has already been granted bail after conviction and the appeal being unlikely to be heard in near future, the appellant be granted bail on such terms and conditions as deems fit by the convicting Court by suspending her sentence.

14. The I.A. stands disposed of.

(G. Satapathy) Judge

kishore

Signed by: KISHORE KUMAR SAHOO

Location: High Court of Orissa Date: 07-Mar-2025 10:11:55