Citation : 2025 Latest Caselaw 8531 Ori
Judgement Date : 20 September, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No. 77 of 2025
Jinesh @ Dinesh Kumar Sahu .... Petitioner
Mr. M.K. Panda, Advocate
-Versus-
State of Odisha .... Opposite Party
Ms. B. Dash, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
20.09.2025 Order No.
05. 1. The LCR is received, however, without the exhibits marked before the learned Trial Court, hence, Registry is requested to intimate the Court concerned.
2. List the matter on 27th October, 2025 for final hearing and orders upon receiving the exhibits filed in connection with C.T. (S) No.40 of 2019 from the Court of learned Assistant Sessions Judge, Special Track Court, Angul.
(R.K. Pattanaik) Judge
06. I.A. Nos.93 and 94 of 2025
1. Heard Mr. Panda, learned counsel for the petitioner and Ms. Dash, learned ASC for the State.
2. Instant I.As are filed for release of the petitioner on bail and stay realization of fine awarded against him in C.T. (S) No.40 of 2019 confirmed in appeal on the grounds stated.
3. Mr. Panda, learned counsel for the petitioner submits that the petitioner has been in judicial custody from more than four years and while claiming so, produced a copy of the custody certificate dated 5th February, 2025. It is submitted that the petitioner having been in custody for such a long period which is more than 50% of the sentence awarded, he should be allowed to go on bail with any suitable conditions imposed, to which, an objection is received from Ms. Dash, learned ASC for the State in view of the nature of the allegations against him and the order of conviction and sentence for seven years.
4. Gone through the impugned judgment as at Annexure-1 so as to ascertain the nature of allegations against the petitioner and it is made to understand that he viralled sexually explicit video of the victim through Whatsapp to others, as a result of which, the latter committed suicide and hence, an offence under Section 306 IPC is committed by him for having abetted her death.
5. The petitioner has been in custody on and from 8th February, 2019 and remained as an UTP till 8th September, 2022 as made to reveal from a copy of the custody certificate produced at the time of hearing and is in custody from 10th January, 2025 till date after the order of conviction as per Annexure-1. The Court is informed that the petitioner was on bail during the interregnum but has been taken into custody after the impugned judgment i.e. Annexure-2 in appeal. Considering the above facts and submissions of learned counsels for the respective parties and regard being had to the fact that the custody is shown to be more than four years by
now, the Court is inclined to direct the release of the petitioner on bail pending disposal of the revision.
6. Hence, it is ordered.
7. Consequently, the petitioner is allowed to go on bail in connection with C.T.(S) No.40 of 2019 upon furnishing a bail bond of Rs.50,000/- with one solvency surety for the like amount to the satisfaction of the learned Assistant Sessions Judge, Special Track Court, Angul or the Court in session over the matter with such other conditions imposed on him as considered necessary and expedient. It is further directed that there shall be stayed realization of the fine amount awarded against the petitioner as an interim measure.
8. List on the date fixed for further orders.
9. Urgent copy of this order be issued as per rules.
(R.K. Pattanaik) Judge
Rojina
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