Orissa High Court
Debendra Jain vs State Of Odisha on 30 October, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.862 of 2025
Debendra Jain ..... Appellant
Represented By Adv. -
Mr. Pratap Kumar Nayak
-versus-
State of Odisha ..... Respondent
Represented By Adv. -
Mr. U.C. Jena, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
30.10.2025
Order No.
I.A. No.1982 of 2025
05. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. This is an application for staying the realization of fine
amount.
3. Heard learned counsel for the Appellant as well as learned
counsel for the State-Respondent.
4. Considering the submission made by the learned counsel
for the Appellant, it is directed that realization of fine amount
under the impugned judgment in S.C. Case No.105/16/06 of
2003-19 passed by learned Additional District & Sessions Judge,
Nuapada shall remain stayed till disposal of the appeal.
5. The I.A. is disposed of.
CRLA No. 862 of 2025 & I.A. No.1983 of 2025
6. Heard the learned counsel for the Appellant as well as
learned counsel for the State-Respondent. Perused the
interlocutory application as well as the prayer made therein.
7. The above noted interlocutory application has been filed at
the instance of the Appellant for his release on bail.
8. Learned counsel for the Appellant, at the outset, contended
that he does not want to press this regular bail application.
However, it is further submitted that the Appellant be released
on interim bail for some time for his treatment. In course of his
argument, learned counsel for the Appellant contended that the
Appellant is a HIV positive patient. Therefore, he is required to
undergo treatment. The aforesaid fact with regard to Appellant
being a HIV positive patient is not disputed by the learned
counsel for the State.
9. On the contrary, learned counsel for the State produced a
copy of the report which was called for by this Court vide order
dated 08.09.2025. Such report of the doctor reveals that the
Appellant is a HIV positive patient.
10. Taking into consideration the aforesaid fact, it is directed
that the Appellant be released on interim for a period of four
weeks from the date of his release in S.C. Case No.105/16/06 of
2003-19 by the learned Additional District & Sessions Judge,
Nuapada or the court in seisin over the matter on such terms and
conditions as it may deem just and proper. It is made clear that
violation of any of the conditions, which is likely to be imposed
by the trial court, shall entail cancellation of bail.
11. It is further made clear that on expiry of interim bail
period, the Appellant shall surrender before the court below
positively.
12. List this matter in the week commencing 8th December,
2025.
Urgent certified copy of this order be granted on proper
application.
( Aditya Kumar Mohapatra)
Judge
Debasis
