Citation : 2026 Latest Caselaw 299 Ori
Judgement Date : 13 January, 2026
Signature Not Verified
Digitally Signed
Signed by: GITANJALI NAYAK
Reason: Authentication
Location: OHC
Date: 15-Jan-2026 17:49:07
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.39 of 2026
Tukuna @ Pinku @ Bishnu ..... Appellant (s)
Charan Behera Mr. Amulya Ratna Panda,
Advocate
-versus-
State of Odisha & Anr. ..... Respondent(s)
Mrs. Sarita Moharana, ASC
CORAM:
THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
13.01.2026 Order No.
1. This matter is taken up through hybrid
arrangement.
2. Heard.
3. Admit.
4. Call for the digitized copy of the Trial Court Record.
5. List this matter on 05.03.2026 for final hearing.
6. Heard.
7. There shall be stay realization of fine till disposal of
this appeal.
8. The I.A is accordingly disposed of.
9. The Appellant, by filing this Application under
Section 389(1) of the Cr.P.C. has prayed for suspension of
execution of sentence imposed upon him for the conviction
recorded under section 363, 366, 323, 506, 376(3), 376(2)(n)
of I.P.C. and read with Section 4(2) & 6(1) of POCSO Act,
by the learned Additional Sessions Judge-cum-Special
Court under POCSO Act, Phulbani in C.T Case No.61 of
2023, pending disposal of this Appeal.
10. Heard learned Counsel for the Appellant and
learned Counsel for the State.
11. Taking into account the submissions made and on
going through the impugned judgment of conviction as
well as the role of this Appellant as it reveals from the
evidence of the prosecution witnesses; this Court is not
inclined to accept the prayer as advanced in the
application.
12. The I.A is accordingly dismissed.
(Dr. Sanjeeb K Panigrahi) Judge
Gitanjali
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