Citation : 2026 Latest Caselaw 395 Ori
Judgement Date : 16 January, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No.160 of 2024
Karna Bindhani .... 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. 16.01.2026 02. 1. Pursuant to the order dated 02.01.2025, Mr. Soumyakanta
Tripathy, Advocate was engaged by the Orissa High Court Legal
Services Committee to conduct the present case, vide letter dated
16.01.2025. However, subsequently vide another letter dated
17.03.2025, Mr. S.N. Mishra-4, learned counsel has been engaged
in this case OHCLSC. Since Mr. Mishra's engagement is latest one,
let Mr. Mishra may continue in this case to assist the Court on
behalf of the appellant.
(S.S. Mishra) Judge
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 to undergo
R.I. for a period of five years and to pay fine of Rs.5,000/- (Rupees
five thousand), in default, to undergo further R.I. for a period of
three months for the offence under Section 304 Part-II of the I.P.C.
as directed by the learned Sessions Judge, Kandhamal, Phulbani in
Sessions Trial No. 73 of 2023.
4. Perused the impugned judgment.
5. Mr. Mishra, learned counsel for the appellant-petitioner
submits that the petitioner is in custody since 07.06.2023 and as of
today the petitioner has already undergone two years, seven months
and ten days, out of total five years sentence awarded to him.
Therefore, the bail application of the petitioner may be favourably
considered.
6. Learned counsel for the State has not seriously opposed the
bail application of the petitioner.
7. 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.
8. 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.
9. Let a copy of the order be communicated by the Registrar
(Judicial) to the concerned Jail Superintendent and also to the
learned Sessions Judge, Kandhamal, Phulbani by e-mail for
compliance.
10. 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
Ashok
Signed by: ASHOK KUMAR JAGADEB MOHAPATRA
Location: High Court of Orissa Date: 16-Jan-2026 18:56:44
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