Dinesh Mali vs State Of Odisha
2024 Latest Caselaw 15315 Ori

Orissa High Court

Dinesh Mali vs State Of Odisha on 1 October, 2024

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          CRLA No. 328 of 2024

     Dinesh Mali                                 ...             Appellant
                                       Mr. S.S. Pattnaik, Advocate

                                -versus-
     State of Odisha                             ...     Respondent
                                                 Mr. K.K. Gaya, ASC

                                CORAM:
                         JUSTICE G. SATAPATHY
                               ORDER(ORAL)

Order No.                       01.10.2024
   07.       I.A. No. 837 of 2024

             1.        This   matter   is   taken    up        through     Hybrid

Arrangement (Virtual/Physical Mode).

2. This is an application U/S. 389(1) of Cr.P.C for grant of bail pending suspension of further execution of sentence till disposal of the appeal.

3. Heard, Mr. S.S. Pattnaik, learned counsel for the Appellant and Mr. K.K. Gaya, learned ASC in the matter and perused the record. None appears for the victim despite being duly informed as intimated by learned ASC.

4. It appears from the record that the present Appellant-Petitioner has been convicted for commission of offence punishable U/Ss. 363/366/376(1) of IPC and U/S.4 of the POCSO Act, and the maximum substantive sentence as awarded to him is for Rigorous Imprisonment (R.I.) of 07 years. Perused the evidence of the victim, so also the analysis of the evidence as

under taken by the learned trial Court in the impugned judgment of conviction recorded against the Appellant- Petitioner.

5. After having considered the rival submissions and taking into consideration the evidence of the victim keeping in view the grounds under which the impugned judgment of conviction has been impeached and regard being had to the presumption as available U/S. 29 of the POCSO Act and further taking into account the conviction of the appellant-petitioner for offences U/Ss. 376 and 4 POCSO Act, this Court is not inclined to admit the Appellant-Petitioner to bail by suspending the further execution of his sentence.

6. Hence, the bail application U/S. 389(1) of Cr.P.C of the Appellant-Petitioner stands rejected.

7. Accordingly, the I.A. stands disposed of.

8. Since LCR is already available on record, Office is requested to prepare paper books and supply the same to the learned counsel for the parties in accordance with Rules.

9. List this matter on 19th November, 2024

(G. Satapathy) Judge

Priyajit Location: HIGH COURT OF ORISSA Date: 01-Oct-2024 17:41:04