Orissa High Court
Jitu @ Jitendra @ vs State Of Odisha ... Opposite Party on 7 March, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.678 of 2024
Jitu @ Jitendra @ ... Petitioner
Sanjit Kumar Ray
Mr. S. Dwibedi, Advocate
-versus-
State of Odisha ... Opposite Party
Mr. M.K. Mohanty, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No. 07.03.2025
04. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This criminal revision by the petitioner is
directed against the conviction and sentence of the
petitioner for commission of offences punishable
U/Ss.363/366/34 of the IPC.
I.A. No.1078 of 2024
3. This is an application by the revision-petitioner
for stay realization of fine.
4. Heard Mr. Suryakanta Dwibedi, learned
counsel for revision-petitioner, Mr. M.K. Mohanty, and
perused the record.
5. Realization of fine from the revision-petitioner
under the impugned judgment in S.T Case No.64(B)
of 2012(CIS No. 126 of 2017) of the Court of learned
Assistant Sessions Judge,(Women's Court), Nayagarh
shall remain stayed till disposal of the revision.
6. Accordingly, the IA stands disposed of.
7. This is an application U/Ss. 430(1) & (2) of
the BNSS by the revision-petitioner for grant of bail
pending suspension of his further execution of
sentence till disposal of the revision.
8. Heard, Mr. Suryakanta Dwibedi, learned
counsel for revision-petitioner, Mr. M.K. Mohanty, and
perused the record.
9. It appears from the record that the revision-
petitioner after being convicted and sentenced for
commission of offences punishable U/Ss.
363/366/376/34 of the IPC in the original case had
preferred an appeal in Criminal Appeal No.21 of 2024
in which the conviction of the revision-petitioner for
offence punishable U/S.376 of the IPC was set aside,
but his conviction and sentence for offences
punishable U/Ss. 363/366/34 were maintained.
Accordingly, the revision-petitioner has been directed
to undergo maximum substantive sentence of
Rigorous Imprisonment (RI) for five years, but it is,
however, informed by the learned counsel for the
petitioner that co-convicts against whom the charge
U/Ss.363/366 of the IPC has been established have
also preferred appeal against their conviction,
sentence and said appeal shall right now pending
before learned Sessions Judge, Nayagarh.
10. In view of the aforesaid facts and
circumstances and after having considered the rival
submissions and on going through the impugned
judgment keeping in view the evidence on record and
regard being had to the submission with regard to
pendency of appeal of co-convicts for other offences
and the present revision being unlikely to be heard in
near future, this Court admits the petitioner to bail by
suspending his sentence in exercise of powers of the
appellate Court which is also exercisable in a revision
in view of Section 401 of CrPC/442 of BNSS.
11. Accordingly, the revision-petitioner be
released on bail by the convicting Court on such
terms and conditions as deems fit and proper.
12. Accordingly, the IA stands disposed of.
13. List this matter on 5th July,2025.
14. 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.
(G. Satapathy)
Judge
Jina
Location: High Court of Orissa
Date: 08-Mar-2025 14:24:01
