G. Fakir Mohan @ Fakir Mohan vs State Of Odisha
2025 Latest Caselaw 560 Ori

Orissa High Court

G. Fakir Mohan @ Fakir Mohan vs State Of Odisha on 13 May, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                            CRLA No. 332 of 2025

        G. Fakir Mohan @ Fakir Mohan ...          Appellant
        Reddy @ Prakash
                                    Mr. T. Nanda, Advocate
                                  -versus-
        State of Odisha                        ...          Respondent
                                       Mr. M.K. Mohanty, Addl. PP
                                Mr. S. Dash, Advocate (informant)
                                 CORAM:
                          JUSTICE G. SATAPATHY

                                  ORDER(ORAL)

13.05.2025 Order No.

03. I.A. No. 787 of 2025

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, Mr. Trilochan Nanda, learned counsel for the appellant-petitioner, Mr. M.K. Mohanty, learned Addl. Public Prosecutor and Mr. Suryakanta Dash, 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 S.T. Case No.163 of 2023 of the Court of learned Sessions Judge, Ganjam, Berhampur 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, Mr. Trilochan Nanda, learned counsel for the appellant-petitioner, Mr. M.K. Mohanty, learned Addl. Public Prosecutor and Mr. Suryakanta Dash, learned counsel for the informant in the matter and perused the record.

8. It appears from the record that the appellant- petitioner has been convicted for commission of offence punishable U/S.306 of IPC and he is, accordingly, awarded with maximum substantive sentence of the Rigorous Imprisonment for six years, but on perusal of the judgment, it is found that the appellant was in custody for around two years and one month during trial and thereafter, from the date of his conviction on 22.02.2025. The appeal is unlikely to be heard in near future. It is, however, contended by Mr. Suryakanta Dash, learned counsel for the informant that although there is material evidence on record to find out the guilt of the accused for commission of offence U/S. 304-B of the IPC, but still then the learned trial Court has

ignored such fact and simply found the appellant to have not committed any offence U/S. 304-B of the IPC which is in the circumstance, appears to be unreasonable and liable to be interfered with, but fact remains that neither the State nor the informant has preferred any appeal challenging the impugned judgment acquitting the appellant for offence U/S. 304- B of the IPC.

9. In view of the aforesaid facts and after having considered the rival submissions and taking into consideration the grounds of challenge of conviction by the appellant and keeping in view the admitted evidence on record vis-à-vis the suicidal note as exhibited by the defence under Ext. D-16, this Court considers it proper to suspend the sentence of the appellant by admitting him to bail pending disposal of the appeal.

10. Hence, the sentence of the appellant be suspended and the appellant be admitted to bail on such terms and conditions as deems fit and proper by the convicting Court.

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 counsel for the parties in accordance with Rules.

13. Accordingly, list this matter on 24th July, 2025.

(G. Satapathy) Judge

S.Sasmal

Location: High Court of Orissa Date: 14-May-2025 12:04:11