[Cites 1, Cited by 0]
Orissa High Court
Prasant Kumar Swain @ 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.40 of 2026
Prasant Kumar Swain @ .... Appellant
Dungei
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 7th January, 2026, passed by the learned
Sessions Judge, Ganjam, Berhampur in Sessions Trial Case
No.133 of 2024, arising out of G.R. Case No.805 of 2023
corresponding to Pattapur P.S. Case No.832 dated
29.12.2023. By the said judgment, the appellant has been
convicted under Section 302 of the Indian Penal Code and
sentenced to undergo imprisonment for life with a fine of
Rs.10,000/- (rupees ten thousand), in default, to further
rigorous imprisonment for a period of one year for the offence
under Section 302 of IPC.
3. Admit this appeal.
4. Call for the scanned copy of the Trial Court Records of
Sessions Trial Case No.133 of 2024, arising out of G.R. Case
No.805 of 2023 corresponding to Pattapur P.S. Case No.832
of 2023 from the Court of the learned Sessions Judge,
Ganjam, Berhampur.
5. Though there is no interim application filed by the
appellant regarding stay of realization of fine imposed by the
learned Sessions Judge, Ganjam, Berhampur in Sessions Trial
Case No.133 of 2024, 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 7th January, 2026
passed by the learned Sessions Judge, Ganjam, Berhampur in
Sessions Trial Case No.133 of 2024 till disposal of this jail
criminal appeal.
6. Mr. Arun Kumar Nayak, learned Legal Aid Counsel,
bearing Enrolment No.O-806/2012, is hereby appointed as
Advocate for the convict accused-appellant.
7. Registry shall intimate the name of learned counsel
engaged on behalf of the convict appellant, namely, Mr. Arun
Kumar Nayak along with his telephone number to the Senior
Superintendent, Circle Jail, Berhampur (W.S.M.S.) so as to
communicate the same to the appellant, who is in Circle Jail
at Berhampur.
8. 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.
9. 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.
10. 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.
11. Name of Mr. Arun Kumar Nayak, learned Legal-Aid
Counsel for the appellant shall be reflected in the cause list as
well as the case brief.
12. List this matter in usual course.
(Manash Ranjan Pathak)
Judge
(Murahari Sri Raman)
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
