Orissa High Court
Sana @ Jogendra Mohanta vs State Of Odisha And Another .... ... on 20 November, 2025
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.843 of 2025
Sana @ Jogendra Mohanta .... Petitioner
Mr. S.P. Dash, Advocate
-Versus-
State of Odisha and another .... Opposite Parties
Mr. S. K. Swain, AGA
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
20.11.2025
I.A. No.1200 of 2025
Order No.
01. 1. Heard Mr. Dash, learned counsel for the petitioner.
2. Instant petition is filed for condonation of delay.
3. A delay of 61 is reported as per the SR.
4. Recorded the submission of Mr. Dash, learned counsel
for the petitioner. The cause behind the delay is explained in the
I.A. Accepting the explanation offered from the side of the
petitioner towards the delay and recording the objection of Mr.
Swain, learned AGA for the State appearing for opposite party
No.1, without notice issued to opposite party No.2, the Court is
inclined to condone the same.
5. Accordingly, it is ordered.
6. In the result, I.A. is disposed of with the delay being
condoned.
(R.K. Pattanaik)
Judge
1. Heard.
2. Instant revision is filed by the petitioner assailing the
impugned judgment passed in Criminal Appeal No.01 of 2017
by the learned P.M.J.J.B, Mayurbhanj, Baripada in connection
with Juvenile Case No.13 of 2015 on the grounds stated.
3. The petitioner stands convicted for the offence under
Sections 376-D and 506 IPC and Section 6 of the POCSO Act
and has been directed to undergo a sentence of two years.
4. The petitioner is in shelter home at present. At a relevant
point of time, the petitioner was a juvenile, however, in the
meantime, he has attained adulthood. Mr. Dash, learned counsel
for the petitioner submits that the impugned judgment at
Annexure-2 has been challenged for discrepancies in the
evidence as the oral testimonials are inconsistent with the
medical evidence, hence, there is a good chance of success in the
revision. Considering the facts pleaded on record and plea
advanced, the Court is inclined to direct the State to respond, at
the same time, directs notice to opposite party No.2.
5. List on 23rd December, 2025 for final hearing and orders.
(R.K. Pattanaik)
Judge
1. Heard Mr. Dash, learned counsel for the petitioner and
Mr. Swain, learned AGA for the State.
2. Instant petition is filed for suspension of sentence in
terms of Section 389 Cr.P.C for the reasons stated.
3. The petitioner is in shelter home at present since 20th
September, 2025. Mr. Dash, learned counsel for the petitioner
submits that the petitioner was on bail during the pendency of
the proceeding before the learned P.M.,J.J.B., Mayurbhanj,
Baripada. Considering the above facts and having regard to the
rights of a juvenile in absence of any such materials on record to
suggest that there is a risk to the life of the petitioner being
involved as against the fact that he has become major and is in
shelter home for more than two months by now, the Court is
inclined to suspend the sentence and to direct his release under
Section 389 Cr.P.C. subject to suitable conditions imposed and
accordingly, it is ordered.
4. Consequently, the petitioner is allowed to go on bail in
connection with Juvenile Case No.13 of 2015 by the orders of
learned P.M.,J.J.B., Mayurbhanj, Baripada with just and proper
conditions imposed expedient in the facts and circumstances of
the case.
5. List on the date fixed.
6. Urgent copy of this order be issued as per rules and in
course of the day.
(R.K. Pattanaik)
Judge
Signature NotRojina
Verified
Digitally Signed
Signed by: ROJINA SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: OHC, CTC
Date: 20-Nov-2025 18:38:53
