Balaram Jena vs State Of Odisha
2025 Latest Caselaw 5126 Ori

Orissa High Court

Balaram Jena vs State Of Odisha on 19 March, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          CRLA No.276 of 2025

     Balaram Jena                           ...           Appellant
                                       Mr. M.K.Chand, Advocate

                                -versus-
     State of Odisha                        ...       Respondent
                                           Mr. A.K.Apat, Addl. PP

                               CORAM:
                        JUSTICE G. SATAPATHY
                                ORDER(ORAL)

19.03.2025 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. 323 of IPC.

3. Heard.

4. Admit. Call for the digitized copy of the LCR/TCR by next date.

5. List this matter on 30th April, 2025 for final hearing of the appeal.

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

7. Heard Mr. Manas Kumar Chand, learned counsel for the appellant and Mr. A.K.Apat, 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.(Spl.) No.98 of 2014 of the Court of learned Addl. Sessions Judge-cum- Special Judge, Jajpur Road, Jajpur 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. Manas Kumar Chand, learned counsel for the appellant and Mr. A.K.Apat, 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. 323 of IPC and he is accordingly sentenced to undergo Simple Imprisonment(SI) for three months with fine of Rs.1,000/- in default whereof, to undergo further SI for ten days, but it is found from the record that the appellant-petitioner has remained in custody for near about ten days during trial.

13. In view of the aforesaid fact and taking into account the sentence of the appellant-petitioner and the offence for which the appellant has been convicted and keeping in view the grounds of challenge of conviction by the appellant on the face of the impugned judgment, this Court admits the appellant-petitioner to bail by suspending the execution of his sentence.

14. Accordingly, the appellant be released on bail on such terms and conditions as deems fit and proper by the convicting Court.

15. The I.A. stands disposed of.

(G. Satapathy) Judge

kishore

Signed by: KISHORE KUMAR SAHOO

Location: High Court of Orissa Date: 20-Mar-2025 14:23:40