Orissa High Court
Dipti Nihar Ranjan Mallik vs State Of Odisha And Another on 24 April, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.192 of 2025
Dipti Nihar Ranjan Mallik ... Appellant
Mr. B.C. Parija, Advocate
-versus-
State of Odisha and another ... Respondents
Mr. M.K. Mohanty, Addl. PP
Mr. A. Panda, Advocate (Victim)
Mr. S.K. Parida, Advocate (Informant)
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
24.04.2025
Order No.
02. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This is an appeal against conviction and
sentence of the appellant for commission of offence
U/S.363/366/376(1) of the IPC r/w Section 4(1) of
POCSO Act.
3. Heard, Mr. Bikash Chandra Parija, learned
counsel for the appellant-petitioner; Mr. M.K. Mohanty,
learned Addl. Public Prosecutor; Mr. Anshuman Panda,
learned counsel for the victim and Mr. Shubhendu
Kumar Parida, learned counsel for the informant in the
matter and perused the record.
3.1 Admit. Since soft/digitized copy of LCR/TCR is
already available on record, Office is requested to
prepare paper books and supply the same to the
learned counsel for the parties as per Rules.
4. List this matter on 30.06.2025.
5. This is an application for stay realization of fine
imposed on the appellant-petitioner.
6. Heard, Mr. Bikash Chandra Parija, learned
counsel for the appellant-petitioner; Mr. M.K. Mohanty,
learned Addl. Public Prosecutor; Mr. Anshuman Panda,
learned counsel for the victim and Mr. Shubhendu
Kumar Parida, learned counsel for the informant in the
matter and perused the record.
7. Realization of fine from the appellant-petitioner
under the impugned judgment in CT Special (POCSO)
Case No.132 of 2021 of the Court of learned Adhoc
Addl. District & Sessions Judge (FTSC), Jajpur shall
remain stayed till disposal of the appeal.
8. Accordingly, the IA stands disposed of.
9. This is an application under Section 430 (1) &
(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (in
short, "BNSS") for grant of bail to the appellant-
petitioner pending suspension of further execution of
his sentence till disposal of the appeal.
10. Heard, Mr. Bikash Chandra Parija, learned
counsel for the appellant-petitioner; Mr. M.K. Mohanty,
learned Addl. Public Prosecutor; Mr. Anshuman Panda,
learned counsel for the victim and Mr. Shubhendu
Kumar Parida, learned counsel for the informant in the
matter.
11. Perused the evidence of the victim and the
objection filed by the State to the bail application of the
appellant. It appears from the record that the present
appellant-petitioner has been convicted for commission
of offences punishable U/S.363/366/376(1) of the IPC
r/w Section 4(1) of POCSO Act and is, accordingly,
awarded with maximum substantive sentence of
Rigorous Imprisonment (RI) for 10 years, but the
appellant-petitioner has been detained in custody as an
UTP for 3 months 24 days and, thereafter, after
conviction, since 17.01.2025.
12. In view of the aforesaid facts and after having
considered the rival submissions and on going through
the evidence of the victim, this Court considers it
proper to admit the appellant-petitioner to bail by
suspending the further execution of his sentence.
13. 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.
14. Accordingly, the IA stands disposed of.
(G. Satapathy)
Judge
Subhasmita
Location: High Court of Orissa
