Kadialu [email protected] vs ) State Of Odisha
2025 Latest Caselaw 3392 Ori

Orissa High Court

Kadialu [email protected] vs ) State Of Odisha on 12 August, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 CRLA No.887 of 2025
            Kadialu [email protected]         ..... Appellant
                                                               Represented By Adv.
                                                               - Rajendra Narayan
                                                               Rout

                                             -versus-
            1) State Of Odisha                     .....             Respondents
            2) Informant                                   Represented By Adv. -Mr.
                                                           C.M.Singh, A.S.C.

                                    CORAM:
                      THE HON'BLE MR. JUSTICE ADITYA KUMAR
                                  MOHAPATRA

                                            ORDER

12.08.2025

Order No.

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

2. Heard.

3. Admit.

4. Call for the digitized copy of the TCR.

5. Issue notice to the Respondent No.2 by Registered Post with A.D. by fixing a short returnable date. Requisites be filed within three working days.

6. Extra copy of the application also be served on learned counsel for the State who shall ensure the service of the notice through the local police on the informant.

7. List this matter in the week commencing 22nd September, 2025.

8. As an interim measure the realization of fine amount awarded by the Court below shall remain stayed till disposal of the appeal.

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

10. This is an application for grants for bail to the accused appellant.

11. Heard learned counsels appearing for both sides.

12. Learned counsel for the Appellant at the outset contended that the Appellant has been convicted for commission of an offence punishable under Section 8/12 of the POCSO Act read with Sections 354 & 506 of the I.P.C. He further submitted that the Appellant has been sentenced to Rigorous Imprisonment for a maximum period of three years and to pay a fine amount as has been indicated in the judgment at Annexure-1 to the Appeal. Learned counsel for the Appellant further contended that the Appellant was in custody for about six months. He further submitted that taking into consideration the fact that the maximum sentence that has been imposed is three years, unless the Appellant is released on bail at this stage the appeal may be infructuous. It was also contended that the Appellant has been released on interim bail by the learned trial court on the date of pronouncement of the judgment on 14.07.2025 for a period of one month.

13. Awaiting appearance of the respondent No.2 it is directed that the Appellant shall be allowed to continue an interim bail on the previous bail bond till disposal of his bail application by this Court.

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

( A.K. Mohapatra ) Judge Rubi