Pravakar Swain @ vs State Of Odisha
2024 Latest Caselaw 123 Ori

Orissa High Court

Pravakar Swain @ vs State Of Odisha on 3 January, 2024

Author: S.K. Sahoo

Bench: S.K. Sahoo

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.189 of 2023

              Pravakar Swain @                      ....     Appellant/
              Subudhi                                       Petitioner

                                  Mr. K.K. Bhuyan, Advocate

                                         -versus-

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

                                  Mr. Rajesh Tripathy
                                  Addl. Standing Counsel

                                   CORAM:
                              JUSTICE S.K. SAHOO
                                    ORDER

Order No.                         03.01.2024

                              I.A. No. 392 of 2022

   05.            This   matter     is    taken     up   through   Hybrid

arrangement (video conferencing/physical mode). This is an application for bail.

Heard the learned counsel for the petitioner and learned counsel for the State.

The appellant-petitioner has been convicted for the offences under sections 450 and 376(2)(l) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.5,000/- (rupees five thousand) and in default, to undergo rigorous imprisonment for a further period of three months for the offence // 2 //

under section 450 of the Indian Penal Code and to undergo rigorous imprisonment for a period of twelve 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 five months for the offence under section 376(2)(l) of the Indian Penal Code by the learned Addl. Sessions Judge, Aska vide impugned judgment and order dated 25.01.2023 in S.T. Case No.31 of 2021.

After going through the evidence of the mother of the victim who has been examined as P.W.1 so also the doctor (P.W.7), I am not inclined to release the petitioner on bail. The prayer for bail stands rejected. However, the petitioner is at liberty to renew his prayer for bail if the appeal is not taken up for hearing even after undergoing half of the substantive sentence.

The I.A. is accordingly disposed of.

( S.K. Sahoo) Judge

PKSahoo

Location: HIGH COURT OF ORISSA