Citation : 2025 Latest Caselaw 7781 Ori
Judgement Date : 2 September, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.557 of 2025
Pradeep Behera @ Pradip Behera .... Petitioners
& others
Mr. S.K. Dash, Advocate
-Versus-
State of Odisha .... Opposite Party
Mr. P.K. Ray, AGA
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
02.09.2025 Order No.
01. 1. Heard Mr. Dash, learned counsel for the petitioners.
2. Instant revision is filed by the petitioners assailing the impugned judgments as at Annexures-1 & 2, whereby, the petitioners stand convicted for an offence under Section 324 read with Section 34 IPC and directed them to undergo sentence of three years and fine.
3. Recorded the submission of Mr. Dash, learned counsel for the petitioners and considering the grounds stated in the revision petition, this Court is inclined to issue notice to the opposite party for a reply and response.
4. Hence, it is ordered.
5. Notice.
6. Mr. Ray, learned AGA for the State accepts notice for the State. An extra copy of the revision along with annexures is directed to be served on the State in course of the day. If the depositions of the witnesses are available, the same are also requested to be served on the other side.
7. LCR be called for. Registry is to take steps to ensure that the LCR is received in time.
8. List this matter on 14th October, 2025 for final hearing and orders.
(R.K. Pattanaik) Judge I.A. Nos.815 and 816 of 2025
02. 1. Heard learned counsel for the respective parties.
2. Instant I.As are filed seeking release of the petitioners on bail with the suspension of sentence in terms of Section 389 Cr.P.C. and stay realization of fine amount awarded and confirmed in appeal by the learned Court below.
3. Referring to the impugned judgment at Annexure-1 of the learned trial Court, it is submitted by Mr. Dash, learned counsel for the petitioners that the parties are known to each other and the injuries are simple in nature and, hence, they have been convicted under Section 307 IPC but for an offence under Section 324 IPC.
4. Recorded the objection of Mr. Ray, learned AGA for the State.
5. Perused the judgment of the learned Trial Court at Annexure-1 and it reveals that all such injuries received are not on any vital parts of the body and found to be simple in nature. Considering the materials on record and the submissions as above, this Court is inclined to direct the release of the petitioners on bail subject to suitable conditions and at the same time to stay realization of fine awarded in C.T. (Sessions) Case No.125 of 2017, as an interim measure.
6. Hence, it is ordered.
7. Consequently, the petitioners are allowed to go on bail with conditions with the direction to the learned Court below staying realization of fine amount for the present.
8. List on the date fixed for further orders.
9. Issue urgent certified copy as per rules.
(R.K. Pattanaik) Judge
Alok
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