Gadadhar Das vs State Of Odisha
2025 Latest Caselaw 7371 Ori

Orissa High Court

Gadadhar Das vs State Of Odisha on 22 April, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CRLA No.1041 of 2023
              Gadadhar Das                           ....     Appellant/
                                                             Petitioner

                                  Mr. Debi Prasad Mahapatra,
                                  Advocate

                                      -versus-

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

                                  Mr. Gyanalok Mohanty,
                                  Standing Counsel

                             CORAM:
                THE HON'BLE MR. JUSTICE S.K. SAHOO
                THE HON'BLE MR. JUSTICE S.S. MISHRA
                                    ORDER

Order No. 22.04.2025 I.A. No.2261 of 2023

03. 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 sections 458/394/506(II)/34 and section 376-D of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- (rupees ten thousand), in default of payment of fine, to undergo further R.I. for a period of one year for the offence under section 376-D of the Indian Penal Code, R.I. for a period of seven years and to pay a fine of Rs.3,000/- (rupees three thousand), in default of payment of fine, to

undergo further R.I. for a period of six months for the offence under section 458 of the Indian Penal Code, R.I. for a period of seven years and to pay a fine of Rs.3,000/- (rupees three thousand), in default of payment of fine, to undergo further R.I. for a period of six months for the offence under section 394 of the Indian Penal Code and R.I. for a period of two years and to pay a fine of Rs.2,000/- (rupees two thousand), in default of payment of fine, to undergo further R.I. for a period of six months for the offence under section 506(II) of the Indian Penal Code and all the sentences were directed to run concurrently by the learned Sessions Judge, Cuttack in S.T. Case No.44 of 2017.

Perused the impugned judgment. After hearing the learned counsel for the parties and keeping in view the evidence of the victim and since it is a case of gang rape and the petitioner has been specifically named by the victim as one of the perpetrators, who has committed rape on her, we are not inclined to release the petitioner on bail. Accordingly, prayer for bail stands rejected.

I.A. is accordingly disposed of.

( S.K. Sahoo) Judge

( S.S. Mishra) Judge

04. Heard.

There shall be stay of realization of fine amount imposed by the learned trial Court on the appellant- petitioner pending disposal of the criminal appeal.

The I.A. is disposed of.

( S.K. Sahoo) Judge

( S.S. Mishra) Judge

05. List this matter in the week commencing from 12.05.2025.

( S.K. Sahoo) Judge

( S.S. Mishra) Judge

Subhasis

Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 23-Apr-2025 19:37:46