Mr. P.S.Das vs State Of Orissa ... Opposite Party
2025 Latest Caselaw 495 Ori

Orissa High Court

Mr. P.S.Das vs State Of Orissa ... Opposite Party on 12 May, 2025

Author: G. Satapathy

Bench: G. Satapathy

             IN THE HIGH COURT OF ORISSA AT CUTTACK

            Sukadeb Barik @ Sri Suka Barik
            (In CRLA No.537 of 2025)
            Paresh Kumar Barik @ Paresh Barik
            (In CRLA No.525 of 2025) ...                    Appellants

                                        Mr. P.S.Das, Advocate
                                         (for both the appellants)
                                  -versus-
            State of Orissa                   ... Opposite Party
                                               Mr. A.K.Apat, Addl. PP
                                 CORAM:
                          JUSTICE G. SATAPATHY

                                ORDER(ORAL)

Order No. 12.05.2025

01. CRLA Nos. 537 & 525 of 2025

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

2. The CRLA No. 537 of 2025 is directed against the impugned judgment of conviction and order of sentence of the appellant for commission of offence punishable U/S.506 of the IPC, but the appeal in CRLA No. 525 of 2025 is directed against the same impugned judgment of conviction and order of sentence of the appellant for commission of different offences punishable U/Ss.376(2)(n)/506 of the IPC

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

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

5. List this matter on 9th July, 2025.

I.A. Nos.1241 & 1215 of 2025

6. These are applications by the appellants- petitioners for stay realization of fine.

7. Heard, Mr. Partha Sarathi Das, learned counsel for the appellants and Mr. R.B.Mishra, learned Addl. Public Prosecutor in both the matters and perused the record.

8. Realization of fine from the appellants- petitioners under the impugned judgment in Special Case No. 18/86 of 2016/2013 of the Court of learned Adhoc Addl. District & Sessions Judge (FTSC), Keonjhar, shall remain stayed till disposal of the appeal.

9. Accordingly, both the I.As. are, disposed of.

I.A. Nos. 1242 (Sukadeb Barik @ Suka Barik) & 1214 of 2025 (Paresh Kumar Barik @ Paresh Barik)

10. These are applications U/Ss. 430(1) & (2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, "BNSS") for grant of bail to the appellants-petitioners pending suspension of further execution of sentence till disposal of the appeal.

11. Heard, Mr. Partha Sarathi Das, learned counsel for the appellants and Mr. R.B.Mishra,

learned Addl. Public Prosecutor in both the matters and perused the record.

12. At the outset, Mr.Partha Sarathi Das, learned counsel for the appellants while seeking an adjournment in IA No. 1214 of 2025 prays to grant bail to the appellant- Sukadeb Barik @ Suka Barik in IA No. 1242 of 2025 by citing the order passed by the learned trial Court after convicting the appellant in which the appellant-Sukadeb Barik @ Suka Barik has been granted interim bail by the convicting Court to obtain orders from this Court for grant of regular bail. Mr.A.K.Apat, learned Addl. Public Prosecutor, however, without disputing the grant of interim bail to appellant in IA No. 1242 of 2025 prays to pass appropriate order in accordance with law. Mr.Das has also supplied the copy of the order by which the appellant-Sukadeb Barik @ Suka Barik has been granted interim bail U/S.430(3) of the BNSS after his conviction.

13. In view of the above facts and after having considered the rival submissions and on going through the materials placed on record, since the appellant-Sukadeb Barik @ Suka Barik has already been granted interim bail by the learned trial Court after recording his conviction, this Court considers it proper to suspend the sentence of the appellant- Sukadeb Barik @ Suka Barik(in IA No. 1242 of 2025) and admits him to bail.

14. Accordingly, the appellant-Sukadeb Barik @ Suka Barik(in IA No. 1242 of 2025) be released on bail on such terms and conditions as deems fit and proper by the convicting Court.

15. Accordingly, the IA No. 1242 of 2025 stands disposed of.

16. Since the appellant-Paresh Kumar Barik @ Paresh Barik(in IA No. 1214 of 2025) has been awarded the maximum substantive sentence of imprisonment for ten years, the State counsel is, however, at liberty to file written objection to the bail application of the appellant in terms of the judgment passed by the Apex Court in Atul Tripathy v. State of Uttar Pradesh and others; (2014) 9 SCC 177 by next date.

(G. Satapathy) Judge kishore

Signed by: KISHORE KUMAR SAHOO

Location: High Court of Orissa Date: 13-May-2025 10:28:29