Orissa High Court
Fagu @ Lala Majhi vs State Of Odisha on 7 August, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.697 of 2026
CNR-ODHC010562082026
Fagu @ Lala Majhi .... Appellant/
Petitioner
Represented by Adv.-
Mr. Bibekananda Mohapatra,
Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Represented by Adv.-
Mr. R.B. Dash, ASC
CORAM:
HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 07.08.2026
(Hybrid mode)
01.
1. Heard.
2. Admit.
3. Call for the trial Court records.
(Sibo Sankar Mishra)
Judge
I.A. No.1928 of 2026
02.
1. This is an application for bail.
2. Heard Mr. Bibekananda Mohapatra, learned
counsel appearing for the appellant and Mr. R.B.
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Dash, learned Additional Standing Counsel appearing
for the State.
3. The present appeal has been filed by the
appellant assailing the judgment of conviction and
order of sentence dated 10.07.2026 passed by the
learned Additional Sessions Judge, Rairangpur,
District- Mayurbhanj in S.T. Case No.10 of 2020,
whereby the appellant has been convicted for the
offence punishable under Section 325 of IPC and
sentenced him to undergo R.I. for three years and to
pay a fine of Rs.5,000/- (Rupees five thousand), in
default, to undergo another R.I. of six months by the
learned Additional Sessions Judge, Rairangpur.
4. The prosecution case in brief is that on the
written report of one Krupasindhu Purty that since last
ten years, his uncle Nabakishore Singh was staying in
his house and working outside. It is alleged that on
15.07.2018, some miscreants had thrown his uncle
near the railway line near Dakadiha after assaulting
him on his head and on 16.07.2018 morning, he found
his uncle lying in an unconscious state on the railway
line with bleeding on his head. It is further alleged
that he along with the villagers shifted the victim to
the SDH, Rairanpgur for treatment. But the treating
doctor referred the injured to Baripada where he
underwent treatment. Hence, the case.
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5. Learned counsel for the appellant submits that the
appellant was on bail throughout during the trial and
after the conviction, the benefit under Section 389(3)
of Cr. P.C. has been granted to him by the Learned
Trial Court and sentence has been temporarily
suspended.
6. Learned counsel for the State does not oppose
the prayer for bail made by learned counsel for the
appellant in view of the short sentence and since the
trial court had already extended the benefit of section
389(3) Cr. P.C.
7. Regard being had to the nature of the offence
and since there is no scope of the appeal being heard
in the near future, I am inclined to suspend the
sentence pending appeal.
Let the appellant be released on bail pending
disposal of the appeal on furnishing bail bond of
Rs.50,000/- (Rupees fifty thousand) with two local
solvent sureties for the like amount to the satisfaction
of the learned trial Court. The learned trial Court shall
also impose the additional conditions as deem fit and
proper in the facts and circumstances of the case.
8. Violation of any of the terms and conditions shall
entail cancellation of the bail.
9. Accordingly, the I.A. is disposed of.
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10. Urgent certified copy of this order be granted as
per rules.
(Sibo Sankar Mishra)
Judge
03. I.A. No.1927 of 2026
1. This is an application for stay of realization of
the fine amount imposed by the learned trial Court.
2. Heard.
3. There shall be stay of realization of the fine
amount imposed by the learned Additional Sessions
Judge, Rairangpur, District- Mayurbhanj in S.T. Case
No.10 of 2020, till disposal of the Criminal Appeal.
4. The I.A. is disposed of.
(Sibo Sankar Mishra)
Judge
Subhasis
Signature Not Verified
Digitally Signed
Signed by: SUBHASIS MOHANTY
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa, Cuttack.
Date: 09-Aug-2026 17:47:47
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