Jagadish Badi vs State Of Odisha on 7 March, 2026

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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.

    SPONSORED

    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

    Page 1 of 4
    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.

    Page 2 of 4

    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.

    Page 3 of 4

    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

    Signature Not Verified
    Digitally Signed
    Signed by: RABINDRA KUMAR MISHRA
    Designation: Personal Assistant
    Reason: Authentication
    Location: HIGH COURT OF ORISSA, CUTTACK
    Date: 07-Mar-2026 16:23:57

    Page 4 of 4



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