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Orissa High Court
Jagadish Badi vs State Of Odisha on 7 March, 2026
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No.44 of 2026
Jagadish Badi .... Appellant
Represented By Adv.-
-versus-
State of Odisha .... Respondent
Represented By Adv.-
Mr. Debaraj Mohanty,
Addl. Government Advocate
CORAM:
THE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
AND
THE HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
ORDER
07.03.2026
Order No. (Hybrid mode)
01. 1. Heard Mr. Debaraj Mohanty, learned Additional
Government Advocate appearing for the respondent-State.
2. The appellant has preferred this criminal appeal from
jail being aggrieved with the impugned judgment and order of
conviction dated 26th June, 2024 and the order of sentence
dated 29th June, 2024, passed by the learned Additional
Sessions Judge, Kuchinda in S.T. Case No.19 of 2019, arising
out of G.R. Case No.437 of 2019 corresponding to Mahulpali
P.S. Case No.103 dated 19.07.2019. By the said judgment,
the appellant has been convicted under Sections 450/304-
II/376(2)(m)/376(2)(n)/376(A) of the Indian Penal Code and
sentenced (i) to undergo R.I. for ten years with a fine of
Rs.30,000/- (rupees thirty thousand), in default, to further
rigorous imprisonment for a period of six months for the
offence under Section 304-II of IPC, (ii) to undergo
imprisonment for life with a fine of Rs.50,000/- (rupees fifty
thousand), in default, to further rigorous imprisonment for a
period of eight months for the offence under Section
376(2)(m) of IPC, (iii) to undergo imprisonment for ten years
with a fine of Rs.20,000/- (rupees twenty thousand), in
default, to further rigorous imprisonment for a period of six
months for the offence under Section 376(2)(n) of IPC, (iv) to
undergo imprisonment for life with a fine of Rs.50,000/-
(rupees fifty thousand), in default, to further rigorous
imprisonment for a period of eight months for the offence
under Section 376(A) of IPC, and (v) to undergo R.I. for two
years with a fine of Rs.10,000/- (rupees ten thousand), in
default, to further rigorous imprisonment for a period of three
months for the offence under Section 450 of IPC and all the
sentences were directed to run concurrently.
3. The Office note indicates that there is reported delay of
518 days in filing this jail criminal appeal.
4. Since it is a case where the appellant preferred this
appeal from jail and he has been sentenced to life
imprisonment, we are inclined to condone the delay in filing
the jail criminal appeal.
5. Admit this appeal.
6. Call for the scanned copy of the Trial Court Records of
S.T. Case No.19 of 2019, arising out of G.R. Case No.437 of
2019 corresponding to Mahulpali P.S. Case No.103 of 2019
from the Court of the learned Additional Sessions Judge,
Kuchinda.
7. Though there is no interim application filed by the
appellant regarding stay of realization of fine imposed by the
learned Additional Sessions Judge, Kuchinda in S.T. Case
No.19 of 2019, but it is ordered that there shall be stay of
realization of fine amount imposed on the appellant pursuant
to the judgment and order dated 26th June, 2024/29th June,
2024 passed by the learned Additional Sessions Judge,
Kuchinda in S.T. Case No.19 of 2019 till disposal of this jail
criminal appeal.
8. Mr. Abhijit Das, learned Legal Aid Counsel, bearing
Enrolment No.O-793/2013, is hereby appointed as Advocate
for the convict accused-appellant.
9. Registry shall intimate the name of learned counsel
engaged on behalf of the convict appellant, namely, Mr.
Abhijit Das along with his telephone number to the
Superintendent, Sub-Jail, Kuchinda so as to communicate the
same to the appellant, who is in Sub-Jail at Kuchinda.
10. Let a copy of the prisoner's petition as well as copy of
the impugned judgment be provided to the learned Legal Aid
Counsel for the appellant as well as the learned counsel for
the State.
11. Learned Counsel for the State shall apprise the Court on
the next date of listing regarding the criminal antecedents of
the convict-appellant as well as his conduct in jail.
12. By the next date of listing, learned counsel for the State
shall also obtain the scanned copy of the relevant Case Diary
as well as the Custody Certificate of the appellant.
13. Name of Mr. Abhijit Das, learned Legal-Aid Counsel for
the appellant shall be reflected in the cause list as well as the
case brief.
14. List this matter in usual course.
(Manash Ranjan Pathak)
Judge
(Murahari Sri Raman)
Judge
Rabindra/Ranjeeta
Signed by: RABINDRA KUMAR MISHRA
Designation: Personal Assistant
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 07-Mar-2026 16:23:57
