Pabitra Naik vs State Of Odisha
2023 Latest Caselaw 11092 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.95 of 2020

              Pabitra Naik                        ....   Appellant/
                                                       Petitioner

                                 Mr. J.K. Panda, Advocate

                                       -versus-

              State of Odisha                     ....   Respondent/
                                                       Opp.Party

                                 Mr.Priyabrata Tripathy
                                 Addl. Standing Counsel
                                  CORAM:
                             JUSTICE S.K. SAHOO
                                  ORDER

Order No.                       11.09.2023
                             I.A. No. 202 of 2020

   07.           This   matter    is    taken     up   through   Hybrid

Arrangement (Video Conferencing/Physical Mode).

This is an application for bail.

The appellant-petitioner has been convicted under section 376D of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of twenty years and to pay a fine of Rs.10,000/- (rupees ten thousand) and in default, to undergo rigorous imprisonment for a further period of six months by the learned Addl. Sessions Judge, Champua vide judgment and order dated 16.11.2019 in S.T. No. 57 of 2017.

// 2 //

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 04.06.2017 and though it is a case of gang rape and the petitioner along with two others has been sentenced to undergo R.I. for twenty years by the learned trial Court, but the victim (P.W.17) has not supported the prosecution case and she was declared hostile by the prosecution and in cross-examination, she specifically stated that the accused persons standing in the dock had not committed rape on her on the date of occurrence and they had not dragged her to the spot for committing the crime. Learned counsel further submitted that in view of such evidence of the Vitim, it is very difficult to sustain conviction against the petitioner and there are good chance of success in the appeal and balance of convenience lies in his favour and therefore, the bail application of the petitioner may be favouraly considered.

Learned counsel for the State even though does not dispute that the victim has not supported the prosecution case, but he placed the evidence of P.W.1 and P.W.2, who saw the accused persons and the victim in a naked condition at the spot.

Learned counsel for the petitioner submitted that there are contradictions in the evidence of P.W.1 and P.W.2.

// 3 //

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced during trial, the fact that the victim has not supported the prosecution case during trial and taking into account the period of detention of the petitioner in judicial custody and absence of any chance of early hearing of the appeal in the near future, I am inclined to release the petitioner on bail.

Let the appellant-petitioner be released on bail pending disposal of the appeal on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned trial Court with such terms and conditions as the learned Court may deem just and proper. Violation of any of the conditions shall entail cancellation of bail.

The I.A. is disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

PKSahoo

Signature Not Verified Digitally Signed Signed by: PRAMOD KUMAR SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 12-Sep-2023 14:47:50