Kanha Mahapatra vs State Of Odisha
2025 Latest Caselaw 622 Ori

Orissa High Court

Kanha Mahapatra vs State Of Odisha on 14 May, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          CRLA No.290 of 2025
        Kanha Mahapatra                      ...              Appellant
                                        Mr. S.N.Mishra-4, Advocate
                                  -versus-
        State of Odisha                      ...            Respondent
                                              Mr. R.B.Mishra, Addl.PP
                                CORAM:
                         JUSTICE G. SATAPATHY

                              ORDER(ORAL)

14.05.2025 Order No.

01. CRLA No. 290 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 for offence U/Ss.489- B/489-C/489-D/34 of the IPC.

3. Heard, Mr. Satya Narayan Mishra-4, learned counsel for the appellant and Mr. R.B.Mishra, 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 14th July, 2025.

6. This is an application by the appellant- petitioner for stay realization of fine.

7. Heard, Mr. Satya Narayan Mishra-4, learned counsel for the appellant and Mr. R.B.Mishra, Addl. Public Prosecutor in the matter and perused the record.

8. Realization of fine from the appellants- petitioners under the impugned judgment in C.T.(SC) No.1/4 of 2024 of the Court of learned Addl. Sessions Judge-cum-Special Judge (Vigilance), Bhawanipatna 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 appellant-petitioner pending suspension of further execution of sentence till disposal of the appeal.

11. Heard, Mr. Satya Narayan Mishra-4, learned counsel for the appellant and Mr. R.B.Mishra, Addl. Public Prosecutor in the matter and perused the record.

12. It appears from the record that the present appellant-petitioner has been convicted for commission of offences punishable U/Ss.489-B/489- C/489-D/34 of the IPC and the maximum substantive sentence as awarded to the appellant-petitioner is Rigorous Imprisonment (R.I.) for three years, but after recording conviction of the appellant, since he was all along on bail, the learned trial Court granted

bail to the appellant-petitioner U/S.430(3) of the BNSS providing opportunity to him to obtain orders from this Court U/Ss.430(1) & (2) of the BNSS.

13. In view of the aforesaid facts and after having considered the rival submissions and on going through the impugned judgment, this Court admits the appellant-petitioner to bail by suspending his execution of sentence till disposal of the appeal.

14. Accordingly, the appellant-petitioner 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

Location: High Court of Orissa Date: 15-May-2025 10:06:53