Orissa High Court
Deepak Makar vs State Of Odisha on 17 April, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 242 of 2025
Deepak Makar ... Appellant
Mr. D.P. Pattanaik, Advocate
-versus-
State of Odisha ... Respondent
Mr. R.B. Mishra, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
17.04.2025
Order No.
02. I.A. No. 489 of 2025
1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This is an application for stay realization of
fine imposed on the appellant-petitioner.
3. Heard, Mr. Durga Prasad Pattanaik, learned
counsel for the appellant-petitioner and Mr. R.B.
Mishra, learned Addl. Public Prosecutor in the matter
and perused the record.
4. Realization of fine from the appellant-
petitioner under the impugned judgment in S.T. Case
No.19/78/114 of 2015-17-20 (A) of the Court of
learned Addl. Sessions Judge-cum-Special Court
(under POCSO Act), Sambalpur shall remain stayed
till disposal of the appeal.
5. Accordingly, the IA stands disposed of.
6. This is an application by the appellant for
grant of bail pending suspension of further execution
of his sentence till disposal of the appeal.
7. Heard, Mr. Durga Prasad Pattanaik, learned
counsel for the appellant-petitioner and Mr. R.B.
Mishra, learned Addl. Public Prosecutor in the matter
and perused the record.
8. It appears from the record that the present
appellant-petitioner has been convicted for
commission of offences punishable U/Ss.376(2)(n)/34
of the IPC r/w. Section 9 of the Immoral Traffic
(Prevention) Act and the maximum substantive
sentence as awarded to the appellant-petitioner is
Rigorous Imprisonment (R.I.) for 10 years, but it
appears from the record that the appellant-petitioner
was/is in custody from 21.03.2015 to 09.09.2021 and
from 02.12.2024 to 04.01.2025 during trial and from
04.01.2025 till date after post-conviction and
therefore, the appellant-petitioner has undergone
custody period for nearly about 06 years & 10
months. Further, the co-convict Sunita @ Suni Makar
has already been granted bail by this Court in I.A.
No. 219 of 2025 arising out of CRLA No. 95 of 2025.
The present appeal is unlikely to be heard in near
future.
9. In view of the aforesaid facts and after
having considered the rival submissions, so also the
evidence of the witnesses which has been produced
by the learned counsel for the appellant-petitioner
and taking into account the grounds of challenge of
conviction by the appellant-petitioner, this Court
admits the appellant-petitioner to bail by suspending
further execution of his sentence.
10. Accordingly, the appellant-petitioner be
admitted to bail on such terms and conditions as
deems fit and proper by the convicting Court
including one condition that the appellant-petitioner
shall surrender to custody as and when required by
the Court.
11. Accordingly, the IA stands disposed of.
12. Although the LCR is available on record, but
it does not contain any deposition. Since another
appeal in CRLA No.95 of 2025 is pending, the said
appeal be tagged with this present appeal and after
verification of the soft copy of the LCR, if any,
attached to the said appeal, necessary order would
be passed to the learned trial Court to submit the
complete copy of the LCR by the next date.
13. Accordingly, list this matter on 16th May,
2025 along with CRLA No. 95 of 2025.
(G. Satapathy)
Judge
Location: High Court of Orissa
Date: 21-Apr-2025 10:38:43
