[Cites 5, Cited by 0]
Orissa High Court
Abhayakanta @ Abahay Mallik vs State Of Odisha on 2 December, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1010 of 2025
Abhayakanta @ Abahay Mallik ..... Appellant
Represented By Adv. -
Biswaranjan Dalai
-versus-
State Of Odisha ..... Respondent
Represented By Adv. -
Sasmita Nayak, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
02.12.2025
Order No.
04. I.A. No.2335 of 2025
1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. This I.A application under Section 430 of the BNSS with a
prayer for suspension of sentence and to release the appellant on
bail.
3. Heard learned counsels for the parties.
4. The abovenoted appeal has been filed at the instance of the
convict-appellant challenging judgment of conviction dated
08.11.2023 passed in G.R Case No.17 of 2021 thereby convicting
the appellant along with another co-accused for commission of an
offence under Section 363, 354, 354-A, 342 of IPC read with
Section 8 of the POCSO Act.
5. He further submitted the appellant has been sentenced to
undergo maximum R.I for a period of 4 years and to pay a fine of
Rs.10,000/- (Rupees Ten Thousand) on different counts. Learned
counsel for the appellant at this juncture contended that one of
the co-convict, namely, Rashmiranjan Mallik has already been
enlarged on bail in the meantime in Criminal Appeal No.181 of
2024.
6. Learned counsel for the State on the other hand contended
that the notice issued to the Informant/ victim has not been served
as of now and that she has not received any confirmation with
regard to service of such notice.
7. Taking into consideration the fact that maximum sentence
inflicted on the appellant is four years and he has already
undergone imprisonment for a period of 2 years 10 months, this
Court is inclined to release the Appellant-Petitioner on interim
bail in G.R Case No.17 of 2021 arising out of Mahakalpara PS
Case No.25 of dtd.30.01.2021 passed by the Court of the learned
Ad-hoc Additional Sessions Judge, FTSC, Kendrapara for a
period of eight weeks from the date of his release on furnishing
bail bond of Rs.40,000/- (Rupees forty thousand) with two
solvent sureties each for the like amount to the satisfaction of the
Trial Court. Such, interim bail period shall be counted from the
date of release of the appellant from jail custody. However, it is
made clear that such release shall be subject to such other terms
and conditions as would be fixed by the trial court. Further, it is
directed that the appellant-petitioner shall not misuse the liberty.
Violation of any of the conditions shall entail cancellation of the
interim bail application.
8. On expiry of the interim bail period, the Appellant-
Petitioner shall surrender immediately before the court below,
failing which, it is open to the court below to take coercive
action against the Appellant-Petitioner to ensure that he is taken
back into custody. Surrender certificate of the Appellant-
Petitioner be produced before this Court.
9. List this matter in the week commencing 03.02.2025.
( A.K. Mohapatra)
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 03-Dec-2025 15:45:17
