Abhinash Mahanty vs State Of Odisha
2022 Latest Caselaw 824 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                               CRLA No.60 of 2022

            Abhinash Mahanty                         ....            Appellant
                                                    Mr. P.R. Singh, Advocate
                                         -versus-
            State of Odisha                          ....          Respondent
                                                          Mr. S.R. Roul, ASC

                        CORAM:
                        JUSTICE S.K. PANIGRAHI
                                       ORDER

Order No. 31.01.2022

01. 1. The matter is taken up through video conferencing mode.

2. Heard.

3. A copy of the CRLA along with copy of the depositions be served on learned counsel for the State within three working days, who shall take instructions in the matter and file a short note of submission along with relevant case law on the next date.

4. List this matter for final hearing on 03.03.2022.

5. Call for the photocopy of the trial court record.

(S.K. Panigrahi) Judge I.A. No.124 of 2022 Order No.

02. 1. Heard.

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2. Stay realization of fine amount as imposed by the learned Addl. Sessions Judge-cum-Special Judge, Keonjhar in Special Case No.38/51 of 2018-17 till disposal of the appeal.

3. The I.A. is disposed of.

(S.K. Panigrahi) Judge

I.A. No.125 of 2022 Order No.

03. 1. This is an application under Section 389 of the Cr.P.C. for bail.

2. The appellant-Abhinash Mohanty has been convicted under Section 376(2)(n) of the IPC read with Section 6 of the POCSO Act by the learned Addl. Sessions Judge-cum-Special Judge, Keonjhar vide judgment dated 27.10.2021 passed in Special Case No.38/51 of 2018-17. He has also been sentenced to undergo imprisonment for 10(ten) years and to pay fine of Rs.5,000/- in default to undergo imprisonment for three months for the offence under Section 376(2)(n) of the IPC.

3. It is submitted that the present appellant is in judicial custody since 11.12.2017.

4. Keeping that in view, the appellant-Abhinash Mahanty be released on bail in the aforesaid case by the court in seisin over the matter on some stringent terms and conditions as

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deemed just and proper for a period of three months to be reckoned from the date of his release.

5. It is further directed that after expiry of interim bail period, he shall surrender before the trial court failing which warrant of arrest shall be issued for his production.

6. The I.A. is accordingly disposed of.

7. As the restrictions due to resurgence of Covid-19 are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the Advocate concerned with his/her seal, in the manner prescribed vide Court's Office Order dated 7th January, 2022.

(S.K. Panigrahi) Judge

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