Orissa High Court
Trinath @ Prakash Naik vs State Of Odisha on 6 March, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 300 of 2021
1. Trinath @ Prakash Naik
2. Bablu Mirdha .... Appellants
Mr. Bisikesan Pradhan, Advocate
-versus-
State of Odisha .... Respondent
Mr. P.B. Tripathy,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
06.03.2023
I.A. No.159 of 2023
04. This is an application for grant of bail under
section 389 of the Code of Criminal Procedure.
Heard.
The appellants-petitioners have been convicted
under section 376-D of the Indian Penal Code and
sentenced to undergo rigorous imprisonment for a
period of twenty years and to pay a fine of
Rs.5,000/- (rupees five thousand) each, in default,
to undergo further rigorous imprisonment for a
period of six months each by the learned Addl.
Sessions Judge -cum- Special Judge, Jharsuguda in
// 2 //
S.T. No.90 of 2015.
Learned counsel for the petitioners submitted
that the petitioners are in judicial custody since
24.06.2015 and though the victim being examined
as P.W.3 stated about the gang rape committed on
her by the petitioners but the doctor (P.W.11) who
examined the victim stated that there are no
injuries on the back of the victim. Learned counsel
for the petitioners further submitted since there is
no chance of early hearing of the appeal in the near
future and balance of convenience is in their favour,
the bail application of the petitioners may be
favourably considered.
Learned counsel for the State opposed the
prayer for bail and submitted that not only the
victim has attributed specific overt act against the
two petitioners to have committed rape on her by
removing her wearing apparels but also the doctor
(P.W.11) who examined the victim on the very
same day, noticed bodily injury on her person
suggestive of forcible sexual intercourse and her
clothing had physical clue of the alleged sexual
offence and on examination of her genital, sign and
symptom of recent sexual intercourse was found
and there was tear on the hymen and there was
fresh bleeding from the tear and the probable time
// 3 //
of the sexual offence was within twelve hours
preceding the time of medical examination. Learned
counsel for the State submitted that the first
information report was lodged on the date of
occurrence itself.
Considering the submissions made by the
learned counsel for the respective parties, the
nature of evidence adduced by the victim as well as
the doctor and other materials available on record
and in view of the nature and gravity of accusation,
I am not inclined to release the appellant on bail.
The petitioner is at liberty to renew his prayer
for bail if the appeal is not taken up for hearing
even after the petitioner undergoes half of the
substantive sentence.
The I.A. is accordingly disposed of.
(S.K. Sahoo)
Judge
I.A. No.158 of 2023
05. This is an application for stay of realization of
fine.
Heard.
There shall be stay of realization of fine amount
imposed on the appellants-petitioners by the Addl.
Sessions Judge -cum- Special Judge, Jharsuguda vide
// 4 //
judgment and order dated 31.03.2021 passed in S.T.
Case No. 90 of 2015 pending disposal of the criminal
appeal.
The I.A. is disposed of.
Issue certified copy as per rules.
(S.K. Sahoo)
Judge
p
