CRLMA No.93 of 2026

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IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMA No.93 of 2026

CNR No. ODHC010657422026

Sarala Mandal @ Biswas ..... Petitioner

-versus-

State of Odisha ..... Opposite Party

For Petitioner : Mr. Umesh Chandra Dora,

Advocate

For Opposite Party : Mr. Chiranjaya Mohanty,

Additional Standing Counsel

CORAM:

HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

DATE OF HERING & JUDGMENT : 24.09.2026 (ORAL)

Aditya Kumar Mohapatra, J.

1. This is an application under Section 430 of BNSS, 2023

by the Petitioner seeking grant of bail and suspension of

sentence against her conviction in G.R. Case No.493 of 2024

of the learned J.M.F.C., Motu at M.V.79 dated 26.09.2025 for

commission of offence under Section 318(4) of B.N.S.

2. By the impugned judgment, the Petitioner was convicted

for commission of offence under Section 318(4) of B.N.S. and

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she was accordingly sentenced to undergo Rigorous

Imprisonment for a period of three years with payment of fine

of Rs.50,000/-, in default whereof, to suffer Simple

Imprisonment for further three months. Against her conviction

and sentence, the Petitioner has preferred an appeal before the

learned Sessions Judge, Malkangiri in which an application

was filed by the Petitioner to grant her bail by suspending the

execution of her sentence, but the said application came to be

rejected by the learned Sessions Judge and in the process, the

Petitioner is before this Court for the relief indicated supra.

3. Heard, Mr. Umesh Chandra Dora, learned counsel for

the Petitioner and Mr. Chiranjaya Mohanty, learned

Additional Standing Counsel in the matter and perused the

record.

4. It is not disputed that the Petitioner had already

undergone imprisonment for 07 months & 16 days as on the

date of judgment on 26.09.2025 and thereafter, she is

continuing in custody since then and, therefore, the Petitioner

has already suffered incarceration for a period of 1 year 7

months. In the aforesaid circumstance and considering the

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detention of the Petitioner in custody and the suffering of

sentence being an irreversible process, which cannot be

returned back in the event of success in the appeal, this Court

considers it proper to admit the Petitioner to bail by

suspending the execution of her sentence.

5. Hence, the CRLMA stands allowed and the Petitioner

be released on bail by suspending her sentence pending

disposal of the appeal on such terms and conditions as deems

fit and proper by the convicting Court.

A copy of this judgment also be communicated to the

learned Sessions Judge for information.

( Aditya Kumar Mohapatra)

Judge

Orissa High Court, Cuttack,

Dated the 24th September, 2026/Debasis Aech, Secretary