Santanu Thayal & Others vs State Of Odisha
2025 Latest Caselaw 559 Ori

Orissa High Court

Santanu Thayal & Others vs State Of Odisha on 13 May, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          CRLA No.297 of 2025
        Santanu Thayal & others                  ...              Appellants
                                                   Mr. A.K.Otta, Advocate
                                  -versus-
        State of Odisha                          ...             Respondent
                                                       Mr. A.K.Apat, Addl.PP
                                CORAM:
                         JUSTICE G. SATAPATHY

                              ORDER(ORAL)

13.05.2025 Order No.

04. CRLA No. 297 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 No.1-Santanu Thayal, appellant No.2-Samarjeet Thayal and appellant No.3- Sushama @ Pandali Thayal for commission of offences punishable U/Ss.341/323/326/34 of the IPC; U/Ss.341/323/34 of the IPC and U/Ss.323/34 of the IPC respectively.

3. Heard, Mr. Asit Kumar Otta, learned counsel for the appellants and Mr. A.K.Apat, 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 appellants- petitioners for stay realization of fine.

7. Heard, Mr. Asit Kumar Otta, learned counsel for the appellants and Mr. A.K.Apat, learned Addl. Public Prosecutor in the matter and perused the record.

8. Realization of fine from the appellants- petitioners under the impugned judgment in S.T. Case No. 75 of 2023 (CIS No. 48 of 2023) of the Court of learned Sessions Judge, Mayurbhanj at Baripada, 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 appellants-petitioners pending suspension of further execution of sentence till disposal of the appeal.

11. Heard, Mr. Asit Kumar Otta, learned counsel for the appellants 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 No.1-Santanu Thayal has been convicted for commission of offence punishable U/Ss.341/323/326/34 of the IPC; appellant No.2-

Samarjeet Thayal for commission of offence punishable U/Ss.341/323/34 of the IPC and appellant No.3-Sushama @ Pandali Thayal for commission of offence punishable U/Ss.323/34 of the IPC, but appellant Nos.1 to 3 are accordingly awarded with maximum substantive sentence of Rigorous Imprisonment for one year, 21 days and 15 days respectively and right now all these appellants are on bail as granted by the learned trial Court U/S.430(3) of the BNSS after recording their conviction.

13. In view of the aforesaid facts and after having considering the rival submissions and on going through the materials placed on record, this Court suspends the separate sentence of the appellants and admits them to bail.

14. Accordingly, the appellants-petitioners 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 Reason: Authentication Location: High Court of Orissa Date: 14-May-2025 14:39:22