Orissa High Court

Babu @ Sk. Sakaruddin vs State Of Odisha on 12 May, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                      CRLA No.1135 of 2024
       Babu @ Sk. Sakaruddin                         ...               Appellant

                                               Mr. A.C. Behera, Advocate
                                    -versus-
       State of Odisha                               ...          Respondent
                                     Mr. M.K. Mohanty, Addl. PP
                                CORAM:
                         JUSTICE G. SATAPATHY
                               ORDER(ORAL)

Order No.                       12.05.2025
   02.       I.A. No. 2870 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.

3. Heard, Mr. Arjuna Charana Behera, learned counsel for the Appellant and Mr. M.K. Mohanty, learned Addl. Public Prosecutor in the matter and perused the record.

4. This Court by way of an order passed by this Court on 28.11.2024 directed for stay realization of fine till the next date.

5. In view of the aforesaid facts and circumstance, the realization of fine from the appellant under the impugned judgment in Special Case No. 299 of 2023 corresponding to Trial No. 9 of 2024 of the Court of learned Additional District & Sessions Judge- cum-Special Court under POCSO Act, Balasore shall remain stayed till disposal of the appeal.

6. Accordingly, the IA stands disposed of.

7. This is an application U/Ss. 430(1) & (2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, "BNSS") by the Appellant for grant of bail pending suspension of further execution of his sentence till disposal of the appeal.

8. Heard, Mr. Arjuna Charana Behera, learned counsel for the Appellant and Mr. M.K. Mohanty, learned Addl. Public Prosecutor in the matter and perused the record.

9. After having considered the rival submissions and and on going through the evidence of witnesses, more particularly the evidence of the victim together with the Doctor examining her, this Court does not find any reason to admit the Appellant to bail by suspending his sentence.

10. Accordingly, the prayer for bail and suspension of sentence as advanced for the appellant stands rejected.

11. Accordingly, the IA stands disposed of.

12. Since LCR is already available, Office is requested to prepare paper books and supply the same to the learned counsel for the parties in accordance with Rules.

Digitally Signed 13. List this matter on 24.07.2025.

Location: HIGH COURT OF ORISSA Date: 13-May-2025 13:44:02 (G. Satapathy) Judge Priyajit