Orissa High Court

Abhimanyu Patra vs State Of Odisha on 6 May, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                         CRLA No.478 of 2025
        Abhimanyu Patra                         ...                Appellant
                                                    Mr. P.S.Das, Advocate
                                   -versus-
        State of Odisha                         ...              Respondent
                                                Mr. R.B.Mishra, Addl.PP
                                CORAM:
                         JUSTICE G. SATAPATHY

                                ORDER(ORAL)

06.05.2025 Order No.

01. CRLA No. 478 of 2025

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.363 of the IPC.

3. Heard, Mr. Partha Sarathi Das, learned counsel for the appellant and Mr. R.B.Mishra, learned Addl. Public Prosecutor in the matter and perused the record.

4. Admit. The soft/digitized copy of the LCR/TCR be called for from the learned trial Court.

5. List this matter on 22nd July, 2025.

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

7. Heard, Mr. Partha Sarathi Das, 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- petitioner under the impugned judgment in Special Case No. 09 of 2022 of the Court of learned Adhoc Addl. District & Sessions Judge, FTSC, Keonjhar, shall remain stayed till disposal of the appeal.

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

10. This is an application U/Ss. 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. Partha Sarathi Das, 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.363 of the IPC and he is accordingly awarded with maximum substantive sentence of Rigorous Imprisonment (R.I.) for two years, but the appellant was in custody for around nine months during the trial, however, he was granted bail U/S.430(3) of the BNSS after conviction.

13. In view of the aforesaid facts and after having considering the rival submissions and on going through the materials placed on record and the appeal being unlikely to be heard in near future, this Court suspends the sentence of the appellant and admits him to bail.

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

15. Accordingly, the IA stands disposed of.

(G. Satapathy) Judge

kishore

Signed by: KISHORE KUMAR SAHOO

Location: High Court of Orissa Date: 07-May-2025 12:35:44