Orissa High Court

Kiran @ Ayush Jagat vs State Of Odisha & Another on 9 May, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          CRLA No. 921 of 2024

        Kiran @ Ayush Jagat                   ...           Appellant
                                      Ms. D. Mahapatra, Advocate
                             -versus-
        State of Odisha & Another             ...      Respondents
                                           Mr. S.K. Rout, Addl. PP
                                       Ms. A. Ray, Advocate (R-2)
                               CORAM:
                        JUSTICE G. SATAPATHY

                                ORDER(ORAL)

Order No. 09.05.2025

03. I.A. No. 3187 of 2024

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

2. This is an application by the appellant for stay realization of fine till disposal of the appeal.

3. Heard, Ms. Deepali Mahapatra, learned counsel for the appellant-petitioner, Mr. S.K. Rout, learned Addl. Public Prosecutor and Ms. Agnishikha Ray, learned counsel for the informant in the matter and perused the record.

4. Realization of fine from the appellant- petitioner under the impugned judgment in Special G.R. Case No.39/240 of 2018-2020 of the Court of learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Sambalpur shall remain stayed till disposal of the appeal.

5. Accordingly, the IA stands disposed of.

6. 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 his sentence till disposal of the appeal.

7. Heard, Ms. Deepali Mahapatra, learned counsel for the appellant-petitioner, Mr. S.K. Rout, learned Addl. Public Prosecutor and Ms. Agnishikha Ray, learned counsel for the informant in the matter and perused the record. However, learned counsel for the appellant supplies the certified copy of the deposition of the witnesses PWs. 1 to 19 which are taken on record.

8. After having considered the rival submission and on going through the materials evidence placed on record including the evidence of the victim, this Court does not find any merit in the bail application by the appellant for suspension of his sentence and grant of bail.

Hence, the prayer for bail and suspension of sentence of the appellant-petitioner stands rejected.

9. Accordingly, the IA stands disposed of.

10. Although this appeal has been admitted, but the LCR has not yet been called for. Call for the

soft/digitized copy of the LCR/TCR from the learned trial Court by the next date.

11. Accordingly, list this matter on 22nd July, 2025 for hearing of the appeal.

(G. Satapathy) Judge

S.Sasmal

Location: High Court of Orissa Date: 12-May-2025 10:57:19