Citation : 2026 Latest Caselaw 287 Ori
Judgement Date : 13 January, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No.148 of 2025
Bikash Similia .... 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. 13.01.2026
02. 1. Heard.
2. Admit
3. Call for the trial Court records.
(S.S. Mishra)
Judge
I.A. No.341 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 Sections 324/307 of the I.P.C. and sentenced to undergo R.I.
for a period of three years and to pay fine of Rs.2,000/- (Rupees
two thousand), in default, to undergo further R.I. for a period of two
months for the offence under Section 324 of the I.P.C. and further
sentenced to undergo R.I. for a period of five years and to pay a fine
of Rs.5,000/- (Rupees five thousand), in default, to undergo further
R.I. for a period of five months for the offence under Section 307 of
the I.P.C., by the learned Additional Sessions Judge, Jharsuguda in
CT (Sessions) Case No.66 of 2021 arising out of C.T. Case
No.2269 of 2021.
4. Perused the impugned judgment.
5. Mr. Mishra, learned counsel for the appellant-petitioner
drawing my attention to the front page of the impugned judgment
submits that the petitioner has been in custody since 24.10.2021 and
the impugned judgment was passed on 04.08.2025. Therefore, the
appellant has already in jail custody for a period of four years, two
months and twenty days as of today. He further draws my attention
to the quantum of sentence awarded by the learned trial court for
the offence under Section 307 IPC, which is five years.
Since the larger part of the sentence awarded by the trial
court has already been undergone by the appellant, I am inclined to
allow the application for bail.
6. Considering the submission made by the learned counsel
for the respective parties, the period of detention of the appellant in
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, Jharsuguda 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.
(S.S. Mishra) Judge
Swarna
Signed by: ASHOK KUMAR JAGADEB MOHAPATRA
Location: High Court of Orissa Date: 13-Jan-2026 17:55:37
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