Bipin Bihari Samantaray vs Republic Of India
2026 Latest Caselaw 527 Ori

Orissa High Court

Bipin Bihari Samantaray vs Republic Of India on 20 January, 2026

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CRLA No. 97 of 2004
Bipin Bihari Samantaray                .....                            Appellant
                                                     Mr. Sudipto Panda, Advocate
                                    -versus-
Republic of India                      .....                          Respondent
                             Mr. Sarthak Nayak, Special Retainer Counsel for CBI

                            CRLA No. 114 of 2004
Budhanath Sahoo                        .....                             Appellant
                                                                           None
                                    -versus-
Republic of India                      .....                         Respondent
                            Mr. Sarthak Nayak, Special Retainer Counsel for CBI
                CORAM:
                      HON'BLE MISS JUSTICE SAVITRI RATHO
                                     ORDER

20.01.2026 Order No. (Through hybrid mode)

37.

1. These Criminal Appeals have been filed challenging the judgment dated 19.03.2004 passed by the Special Judge, CBI, Bhubaneswar in T.R. Case No. 141/9 of 99/98 convicting the Appellants under Sections 120-B, 467, 468 and 471 of IPC and sentencing them to undergo R.I. of two years and fine of Rs.1,000/- in default to undergo R.I. for three months each for the offence 120-B of IPC, R.I. of two years and to pay fine of Rs.2,000/- in default to undergo R.I. for 6 months each for the offence under Section 467 of IPC and to undergo R.I. for a period of one year and to pay a fine of Rs.1,000/- in default to undergo R.I. for three months each for the offence under Section 468 read with Section 471 of IPC and sentences wrong concurrently.

2. None appears for the Appellant in CRLA No. 114 of 2004 when the matter is called.

3. Mr. Sudipto Panda, learned counsel for the Appellant in CRLA No. 97 of 2004 submits that there is contact with the Appellant and he is alive.

4. In CRLA No. 114 of 2004 where Budhanath Sahoo is the Appellant, on 10.12.2025, this Court had directed the learned counsel for the Respondent-CBI to submit a report regarding his well-being and whereabouts.

5. Mr. Sarthak Nayak, learned Special Retainer Counsel for CBI submits instructions dated 18.01.2026 of the Additional Superintendent of Police, CBI, ACB, Bhubaneswar where it is stated that Appellant- Budhanath Sahoo in CRLA No. 114 of 2004 is alive and residing in Village-Kantapada, PO-Nareswar, PS- Balipatna, District-Khurdha. The said instructions are taken on record and shall be scanned and incorporated in the digital record by the Registry.

6. After arguing for some time, Mr. S. Panda, learned counsel for the Appellant in CRLA No. 97 of 2004 submits that he is not fully prepared and prays for a short adjournment. He further submits that he shall submit his written note of submission on 28.01.2026.

7. List these matters on 28.01.2026 for further hearing.

8. Written note of the Respondent-CBI is taken on record.

(Savitri Ratho) puspa Judge

Signed by: PUSPANJALI MOHAPATRA