Chana @ Surendra Pingua vs State Of Odisha
2025 Latest Caselaw 2010 Ori

Orissa High Court

Chana @ Surendra Pingua vs State Of Odisha on 1 August, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

     IN THE HIGH COURT OF ORISSA AT CUTTACK
                 JCRLA No. 36 of 2022

Chana @ Surendra Pingua          .....                 Appellant
                                                 Mr. A.K. Budhia, Advocate

                              -versus-
State of Odisha                 .....                 Respondent
                                                   Mr. M.R. Mohanty, AGA
                      CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
                       ORDER

01.08.2025 Order No.03 I.A. No. 184 of 2024

1. This matter is taken up through hybrid mode.

2. Heard learned counsel appearing for the Parties.

3. Pursuant to order dtd.25.07.2025 learned Addl. Govt. Advocate produced the instruction in Court. The same be kept in record.

4. Basing on the instruction it is contended that the victim got married in the meantime in the year 2019 and since then she has been residing there.

5. This is an application seeking grant of regular bail by keeping the sentence under suspension.

6. It is contended that vide the impugned judgment, the Appellant has been convicted to undergo R.I. for 14 years for the offence under Sec. 376(2)(i) of the I.P.C. and to pay a fine of Rs.10,000/- in default R.I. for further period of six months.

6. It is contended that out of the substantive sentence of 14 years, Appellant has already undergone more than 10 years of custody having been in custody since 26.06.2015 to till date. It is accordingly

contended that since the Appellant has already undergone more than 10 years out of the substantive sentence of 14 years and there is no likelihood that the appeal in question will be heard within a reasonable time, the Appellant be released on bail on such terms and condition as deem fit and proper.

7. Learned Addl. Govt. Advocate on the other hand opposed the prayer for bail taking into account the nature of allegation and conviction.

8. Having heard learned counsel appearing for the Parties, considering the submission made and taking into account the fact that the victim has already got married in the year 2019 and residing in her marital house and the Appellant since has already undergone more than 10 years out of the substantive sentence of 14 years, this Court is inclined to direct for release the Appellant on bail by keeping the sentence under suspension on such terms and condition as deem fit and proper by the learned court in seisin.

9. Accordingly, I.A. stands disposed of.

(BIRAJA PRASANNA SATAPATHY) Judge

1. As requested, list this matter on 19th September, 2025.

(BIRAJA PRASANNA SATAPATHY) Judge Sneha

Location: High Court of Orissa, Cuttack