ANATHA@ANATH SAHOO vs STATE OF ODISHA

IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV NO.824 of 2026
CNR NO. ODHC010850452026

(In the matter of application under Section 397 & 401
of CrPC/Section 438 & 442 of BNSS).
Anatha @ Anath … Petitioner
-versus-
State of Orissa … Opposite Party



For Petitioner : Mr. S.Mohanty, Advocate

For Opposite Party : Mr.P.K.Mohanty, Addl. PP


CORAM: JUSTICE G. SATAPATHY



DATE OF HEARING & JUDGMENT:02.11.2026(ORAL)

G. Satapathy, J.

1. This criminal revision is directed against the
impugned concurrent judgment of conviction and
sentence passed by learned Appellate and Trial Courts
against the revision-petitioner for commission of
offence U/Ss. 323/34 of IPC. The learned trial Court has
accordingly sentenced the revision-petitioner along with
co-convict Sanatan Sahoo to pay a fine of Rs.1,000/-
and in default thereof, to undergo Simple Imprisonment
(SI) for one month for commission of offence U/Ss.
323/34 of IPC which sentence was confirmed by the
learned Appellate Court.
CRLREV No.824 of 2026 Page 1 of 4

2. Heard Mr.Samarendra Mohanty, learned
counsel for the revision-petitioner and Mr.Prem Kumar
Mohanty, learned Addl. PP. in the matter and perused
the record. Mr.Samarendra Mohanty by filing a memo
submits that the revision-petitioner does not intend to
challenge his conviction, but prays for reduction in
sentence.
3. It is unambiguously found that the revision-
petitioner has been sentenced to pay a fine of
Rs.1,000/-, in default whereof, to undergo SI for one
month, but Mr.Mohanty has produced the certified copy
of order dated 17.10.2026 passed by learned JMFC,
Badamba in GR Case No. 117 of 2021 taking the
revision-petitioner into custody and the revision-
petitioner is in custody since then and thereby, he must
have undergone incarceration for near about 15 days.
Law never intends to finish the criminals, rather its
objective is to finish the crime and wherever possible,
the Court should be lenient in awarding punishment in
petty offence(s), if there appears reasonable ground for
CRLREV No.824 of 2026 Page 2 of 4

reformation of the convict. No material has been
brought on record to suggest that the revision-
petitioner has suffered any past conviction and the
learned trial Court has only imposed fine upon the
convict revision-petitioner, but right now the revision-
petitioner is suffering sentence in default of payment of
fine.
4. In the aforesaid facts and situation and on
consideration of materials placed on record together
with submission as advanced for the petitioner not to
challenge his conviction, but only praying for reduction
in sentence, interest of justice would be best served if
the default sentence of the revision-petitioner is
modified to the period already undergone.
5. In the result, the criminal revision stands
dismissed, but there is no order as to costs.
Consequently, the judgment of conviction of the
revision-petitioner stands confirmed, but the sentence
of the revision-petitioner is reduced to the period
already undergone.
CRLREV No.824 of 2026 Page 3 of 4

A copy of the judgment be immediately
transmitted to the concerned Jail to set the revision-
petitioner at liberty, if his detention is not otherwise
required in connection with any other criminal case.

(G. Satapathy)
Judge


















Orissa High Court, Cuttack,
nd
Dated the 2 day of November, 2026/Kishore


Signature Not Verified
Digitally Signed
Signed by: KISHORE KUMAR SAHOO
Reason: Authentication
Location: High Court of Orissa
Date: 03-Nov-2026 12:47:24
CRLREV No.824 of 2026 Page 4 of 4