Milan Khadia vs State Of Odisha & Another
2025 Latest Caselaw 7527 Ori

Orissa High Court

Milan Khadia vs State Of Odisha & Another on 24 April, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          CRLA No.411 of 2025
        Milan Khadia                         ...          Appellant
                                      Mr. S.K. Behera, Advocate on
                               behalf of Mr. S.K. Dwibedi, Advocate
                             -versus-
        State of Odisha & Another            ...      Respondents
                                          Mr. A. Pradhan, Addl. PP

                               CORAM:
                        JUSTICE G. SATAPATHY

                             ORDER(ORAL)

24.04.2025 CRLA No.411 of 2025 and I.A. Nos.972, 973 & 974 of 2025 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. This appeal has been filed with a delay of 20 days, but the appellant-petitioner has filed a petition in I.A. No. 974 of 2025 U/S. 5 of Limitation Act, 1963 for condonation of delay.

3. Since the appellant herein seeks for condonation of delay and admission of the appeal and the appellant being convicted for one of the offences under Section 376-AB of IPC and Section 6 of POCSO Act, wherein the appellant has prayed for grant of bail to him, the informant and victim are required to be noticed and informed before taking up hearing in this matter in view of the provision under Section 439(1A) of CrPC and Sub-rule 13 and 15 (viii) of

Rule-4 of the Protection of Children from Sexual Offences Rules, 2020 (in short the "Rules").

4. For the purpose of notice to the informant and information of victim-child in terms of the above Act and Rules, let the copy of the appeal memo and Interlocutory Applications received by the learned counsel for the State be sent to the informant and victim by Mr. A. Pradhan, Addl. PP through concerned Police Station indicating therein the probable date of hearing.

5. Pending admission of the appeal, learned trial Court is requested to send the soft copy of the LCR/TCR.

6. List this matter on 30th June, 2025.

7. Since the appellant-petitioner has been convicted and sentenced to undergo RI for 20 years, the learned State Counsel is, however, at liberty to file written objection to the bail application of the appellant-petitioner in terms of the judgment passed by the Apex Court in Atul Tripathy vs. State of Uttar Pradesh and Others; (2014) 9SCC 177 by next date.

(G. Satapathy) Judge S.Sasmal

Location: High Court of Orissa Date: 25-Apr-2025 11:07:15