Orissa High Court
Deepak Kumar Sahoo@Deepak vs State Of Odisha on 30 May, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.621 of 2025
Deepak Kumar Sahoo@Deepak ..... Appellant
Sahoo
Represented By Adv. -
Susanta Kumar
Tripathy
-versus-
State Of Odisha ..... Respondent
Represented By Adv. -
Mr. S. Behera, AGA
CORAM:
THE HON'BLE MR. JUSTICE ANANDA CHANDRA
BEHERA
ORDER
30.05.2025
Order No.
02. 1. This matter is taken up through hybrid mode.
2. This Appeal has been preferred under Section 374 of the
Cr.P.C. corresponding to Section 415(2) of the BNSS, 2023
challenging the impugned judgment of conviction and
sentence passed on dated 08.05.2025 in T.R. case No.429 of
2019 by the learned AD-HOC Additional Sessions Judge, Fast
Track Special Court (POCSO), Bhubaneswar, wherein the
appellant has been convicted under Sections 341/354/354-A,
I.P.C and has been sentenced to undergo S.I. for 01(One)
month, for the offence under Section 341 of the IPC and to
undergo R.I. for 01 (One) year and to pay a fine of Rs.1,000/-
(rupees one thousand), in default, to undergo R.I. for a further
period of 01 (One) month for the offence under Section 354 of
the IPC and to undergo R.I. for 01 (One) year for the offence
under Section 354-A of the I.P.C. with a direction for running
of all the sentences concurrently subject to set-off of the
period already undergone by the convict/appellant as an UTP.
3. Heard from the learned counsel for the appellant and the
learned Additional Government Advocate for the State on the
point of admission.
4. As, this appeal is against the judgment of conviction
and the sentence passed by the learned AD-HOC Additional
Sessions Judge, Fast Track Special Court (POCSO),
Bhubaneswar and as the appeal is the statutory right of the
appellant, for which, the appeal is admitted.
5. Registry is directed to call for the photocopies of the
LCRs immediately.
6. The appeal be listed for hearing after preparation of the
paper books.
( ANANDA CHANDRA BEHERA)
Vacation Judge
(Arising out of CRLA No.621 of 2025)
03. 1. This I.A has been filed by the petitioner (appellant)
under Section 389 of the Cr.P.C. corresponding to Section 430
of the BNSS, 2023 praying for releasing him on bail during
the pendency of the Criminal Appeal No.621 of 2025.
2. It is forthcoming from the impugned judgment that, the
appellant was on bail during trial before the learned trial court.
No material from the judgment to show that, during trial, the
appellant has tampered the evidence or has influenced any
witnesses or has protracted the trial remaining on bail.
3. Hence, taking the above factors into account, I find no
justification to disallow the prayer for bail filed by the
petitioner.
4. Therefore, the I.A. filed by the petitioner is allowed.
5. He (petitioner) is allowed to go on bail on furnishing
bail bond of Rs.50,000/-(rupees fifty thousand) with two
solvent sureties each for the like amount to the satisfaction of
the learned AD-HOC Additional Sessions Judge, Fast Track
Special Court (POCSO), Bhubaneswar in reference to T.R.
Case No.429 of 2019 with condition that,
he(petitioner) shall appear before the Courts as and
when required.
7. Accordingly, the I.A. filed by the petitioner is disposed
of finally.
8. Registry is to transmit the copy of this Order to the trial
Court i.e. learned AD-HOC Additional Sessions Judge, Fast
Track Special Court (POCSO), Bhubaneswar in reference to
T.R. Case No.429 of 2019.
Urgent certified copy of this order be granted to the
petitioner (appellant) on proper application.
( ANANDA CHANDRA BEHERA)
Vacation Judge
(Arising out of CRLA No.621 of 2025)
04. 1. This I.A. has been filed by the petitioner praying for
staying the realization of the imposed fine amount i.e.
Rs.1,000/-(rupees one thousand) passed in the judgment of
conviction and sentence in T.R. case No. 429 of 2019.
2. When, the appeal vide CRLA No.621 of 2025 filed by
the petitioner/appellant has already been admitted and when,
as per order passed in I.A. No.1433 of 2025, he (petitioner)
has been allowed to go on bail during the pendency of the
above criminal appeal, hence, the realization of fine amount
i.e. Rs.1,000/-(rupees one thousand) from the petitioner be
stayed till the final disposal of the CRLA No.621 of 2025.
3. Registry is directed to communicate this Order to the
court of learned AD-HOC Additional Sessions Judge, Fast
Track Special Court (POCSO), Bhubaneswar in reference to
T.R. case No. 429 of 2019 immediately.
4. Urgent certified copy of this order be granted to the
petitioner (appellant) on proper application.
( ANANDA CHANDRA BEHERA)
Vacation Judge
Jagabanadhu
Designation: Personal Assistant
