Citation : 2026 Latest Caselaw 243 Ori
Judgement Date : 12 January, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No.204 of 2025
Katu Khora .... Appellant(s)
Mr. Satya Narayan Mishra-4, Advocate
-versus-
State of Odisha .... Respondent(s)
Mr. Partha Sarathi Nayak, AGA
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 12.01.2026
02. 1. Heard.
2. Admit
3. Call for the trial Court records.
(S.S. Mishra) Judge
I.A. No.417 of 2025 Order No.
03. 1. This is an application for bail
2. Heard.
3. The appellant-petitioner has been convicted for the offence
under Section 304 Part-II of the I.P.C. and sentenced him to
undergo R.I. for a period of eight years and to pay fine of
Rs.20,000/- (Rupees twenty thousand), in default, to undergo
further R.I. for a period of six months for the offence under Section
304 Part-II of the I.P.C. by the learned Additional Sessions Judge,
Koraput in Criminal Trial No.10 of 2019 arising out of G.R. Case
No.1323 of 2018.
4. Perused the impugned judgment.
5. Learned counsel for the appellant-petitioner submits that
the appellant is in custody since 13.12.2018 and out of eight years
of awarded sentence, the petitioner has already undergone
incarceration for more than seven years. There is no chance of early
hearing of the appeal and balance of convenience is in favour of the
appellant. Therefore, the bail application of the appellant may be
favourably considered.
6. Considering the submission made by the learned counsel
for the respective parties, the period of detention of the appellant is
judicial custody and absence of any chance of early hearing of the
appeal in the near future, I am inclined to release the appellant-
petitioner on bail.
7. Let the appellant-petitioner be released on bail in the
aforesaid case on furnishing bail bond of Rs.20,000/-(rupees twenty
thousand) with one local solvent surety for the like amount to the
satisfaction of the learned trial Court subject to condition that he
shall not indulge in any criminal activities in any manner.
Violation of any of the conditions shall entail cancellation
of the bail.
8. Let a copy of the order be communicated by the Registrar
(Judicial) to the concerned Jail Superintendent and also to the
learned Additional Sessions Judge, Koraput by e-mail for
compliance.
9. The I.A. is disposed of accordingly.
Issue urgent certified copy of this order as per rules.
(S.S. Mishra) Judge
Order No.
04. 1. This is an application for stay of realization of fine.
2. Heard.
3. Considering the submissions made by the learned counsel
for the parties, let there be stay of realization of fine amount
imposed by the learned trial Court on the appellant-petitioner
pending disposal of the Jail Criminal Appeal.
4. The I.A. is disposed of.
Designation: Senior Stenographer Judge Reason: Authentication Location: High Court of Orissa Date: 13-Jan-2026 19:03:39 Swarna
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