) Buli Swain vs State Of Odisha
2025 Latest Caselaw 8526 Ori

Orissa High Court

) Buli Swain vs State Of Odisha on 20 September, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            CRLA No.1079 of 2025
            1) Buli Swain              .....        Appellants
            2) Kabita Swain                                   Represented By Adv. -
                                                              Tusar Kumar Mishra

                                             -versus-
            State Of Odisha                        .....                 Respondent
                                                              Represented By Adv. -
                                                              Mr. S.K.Parhi, A.S.C.

                                   CORAM:
                     THE HON'BLE MR. JUSTICE ADITYA KUMAR
                                 MOHAPATRA

                                            ORDER

20.09.2025 Order No.

01. 1. This matter is taken up through Hybrid mode.

2. Heard.

3. Admit.

4. The digitized copy of the TCR be called for.

5. List this matter in the week commencing 10th November, 2025.

6. Heard.

7. As an interim measure the realization of fine amount awarded by the Court below shall remain stayed till disposal of the appeal.

8. Accordingly, I.A. is accordingly, disposed of.

9. This is an application for grant of bail/suspension of sentence.

10. Heard learned counsel for the Appellants-Petitioners as well as learned counsel for the State.

11. Challenging the judgment of conviction dated 29.07.2025

passed in C.T. Sessions No.206 of 2012/ 219 of 2025 passed by the learned Additional Sessions Judge, Chandikhole, the Appellants- Petitioners have approached this Court by filling the present appeal. Since the copy of the TCR has not been received, there is difficulty in taking up the bail application at this stage. Therefore, consideration of the bail application is deferred till receipt of the TCR from the trial court.

12. Learned counsel for the Appellants-Petitioners referring to the age of Appellant-Petitioner No.1 submitted that she is lady aged about 78 years, and has been languishing in custody.

13. Taking into consideration the advanced age of the Appellant- Petitioner No.1, this Court is inclined to release the Appellant- Petitioner No.1 on interim bail for a period of eight weeks subject to such terms and conditions as would be deemed just in proper by the learned trial court.

14. On expiry of the interim bail period, the Appellant-Petitioner No.1 shall surrender immediately before the court below, failing which, it is open to the court below to take coercive action against the Appellant-Petitioner No.1 to ensure that the Appellant-Petitioner No.1 is taken back into custody.

15. Surrender certificate of the Appellant-Petitioner No.1 be produced before this Court in the meantime.

16. Accordingly, I.A. is disposed of.

( A.K. Mohapatra ) Judge

Rubi