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Orissa High Court
Kishore Kumar @ Kishor vs State Of Odisha on 7 January, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.949 of 2024
Kishore Kumar @ Kishor ..... Appellant
Kumar Saw
Represented by Adv. -
Soubhagya Kumar Dash
-versus-
State Of Odisha ..... Respondent
Represented by Adv. -
U.C. Jena, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
07.01.2026
Order No.
04. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. This I.A application has been filed for release of the
appellant-petitioner on bail/ suspension of sentence.
3. Heard learned counsel for the appellant-petitioner as well as
learned counsel for the State.
4. Learned counsel for the appellant at the outset contended that
the appellant has preferred the present appeal challenging the
judgment dated 15.04.2024 passed by the learned 3 rd Additional
Sessions Judge-cum-Special Judge, NDPS, Berhampur thereby
convicting the appellant for commission of an offence punishable
under Section 20(b)(ii)(c) of the NDPS Act and he has been
sentenced to undergo R.I for 10 years and to pay a fine of
Rs.1,00,000/- (Rupees one lakh).
5. Learned counsel for the appellant further contended that the
appellant is in custody since the date of his initial arrest on
13.03.2022. He further submitted that the appellant has already
suffered the sentence for 3 years and 10 months. He further
contended that the appellant does not have any similar criminal
antecedent. It was also contended that the possibility of the appeal
being taken up in the near future is very bleak. As such, it was
contended that the appellant be released on bail.
6. Learned counsel for the State on the other hand objected to
the release of the appellant on bail on the ground of gravity and
seriousness of the allegation. Learned counsel for the State
contended that the appellant was caught red-handed while he was
transporting 56 kgs of contraband ganja. On such ground, learned
counsel for the State contended that the prayer for suspension of
sentence should not be entertained at this stage.
7. Having regard to the submissions made by learned counsels
appearing for both sides, on a careful examination of the records as
well as the impugned judgment, further taking note of the period of
sentence already undergone in the meantime, this Court is inclined
to release the appellant on bail subject to stringent conditions.
8. Accordingly, it is directed that sentence of the appellant-
Petitioner shall remain suspended till disposal of the appeal and he
shall be released on bail in 2(a) CC No.9 of 2022 by the learned 3rd
Additional Sessions Judge-cum-Special Judge (NDPS), Berhampur
by the learned trial court on furnishing a bail bond of Rs.50,000/-
(Rupees Fifty thousand) with two local solvent sureties each of the
like amount to the satisfaction of the trial court. The learned trial
court shall impose any other suitable conditions as would be
deemed just and proper. Further, it is directed that suspension of the
sentence of the appellant is subject to verification of the fact that
the appellant does not have any similar criminal antecedent
involving offence under the NDPS Act.
9. With the aforesaid observations/ directions, the I.A stands
disposed of.
10. Heard.
11. This I.A application has been filed for stay of realisation of
fine amount.
12. Considering the submissions, it is directed that the realization
of fine amount shall remain stayed awarded in 2(a) CC No.9 of
2022 by the learned 3rd Additional Sessions Judge-cum-Special
Judge (NDPS), Berhampur till the next date.
( A.K. Mohapatra)
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 08-Jan-2026 19:12:14
