Gyanaranjan Das @ Banty vs State Of Odisha
2024 Latest Caselaw 12854 Ori

Orissa High Court

Gyanaranjan Das @ Banty vs State Of Odisha on 7 August, 2024

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                           CRLA No.167 of 2024

     Gyanaranjan Das @ Banty                ...             Appellant
                                            Mr. B. Dalai, Advocate
                                -versus-
     State of Odisha                        ...           Respondent
                                         Mr. S.S. Pradhan, AGA
                           Mr. K.K. Jena, Advocate (Informant)
                                  CORAM:
                          JUSTICE G. SATAPATHY
                                ORDER(ORAL)

07.08.2024 Order No.

04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Although, LCR/TCR has been called for, but the same has not yet been received.

3. Hence, the learned trial Court is once again requested to send the soft/digitized copy of LCR/TCR by next date.

4. List this matter on 29.10.2024.

(G. Satapathy) Judge

Order No.

05. 1. Heard, learned counsel for the appellant, learned counsel for the informant and learned AGA in the matter and perused the record.

2. After having considered the rival submissions and on going through the materials placed on record, this Court feels the necessary of staying the realization of fine. Accordingly, realization of fine under the impugned judgment in Special G.R. Case No.7 of 2022 of the Court of learned Adhoc Addl. District & Sessions Judge, FTSC (POCSO), Jagatsinghpur shall remain stayed till disposal of the appeal.

3. Accordingly, the IA stands disposed of.

(G. Satapathy) Judge

Order No.

06. 1. This is an application under Section 389(1) of CrPC for grant of bail to the appellant-petitioner pending suspension of further execution of sentence till disposal of the appeal.

2. Heard, learned counsel for the appellant, learned counsel for the informant and learned AGA in the matter and perused the record.

3. It appears from the record that the present appellant-petitioner has been convicted for offences punishable under Sections 376(AB)/511 of IPC and for Section 6/18 of POCSO Act, and the maximum substantive sentence as awarded to the appellant is for ten years. Further, perused the evidence of the victim.

4. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as stated to have been established by the prosecution and regard being had to the findings of the learned trial Court in convicting the appellant and the grounds under which the impugned judgment has been assailed and last but not the least, on going through the evidence of victim, this Court does not find any merit in the bail application of the petitioner.

Hence, the bail application of the appellant- petitioner under Section 389(1) of Cr.P.C. stands rejected.

5. Accordingly, the IA stands disposed of.

(G. Satapathy) Judge

Subhasmita

Location: High Court of Orissa