Manoj Kumar Bisoyi vs State Of Odisha
2025 Latest Caselaw 3717 Ori

Orissa High Court

Manoj Kumar Bisoyi vs State Of Odisha on 6 February, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                            CRLA No.82 of 2025

       Manoj Kumar Bisoyi                      ...             Appellant
                                       Mr. J. Samantaray, Advocate

                                 -versus-
       State of Odisha                         ...           Respondent
                                            Mr. A. Pradhan, Addl. PP

                                CORAM:
                         JUSTICE G. SATAPATHY
                              ORDER(ORAL)

06.02.2025 Order No.

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

2. This is an appeal against conviction of the appellant-petitioner for offence U/Ss.341/506/354- A(2)/354-A(3)/354-D(2) of the IPC and Section 12 of the POCSO Act.

3. Heard Mr. J. Samantaray, learned counsel for the appellant-petitioner and Mr. A. Pradhan, learned Addl. Public Prosecutor in the matter and perused the record, but none appears for the victim despite duly intimated as informed by the learned Addl. Public Prosecutor.

4. Admit.

5. Call for the soft/digitized copy of the LCR/TCR by the next date.

6. List this matter on 10th April, 2025.

7. This is an application for stay realization of fine imposed on the appellant-petitioner.

8. Heard Mr. J. Samantaray, learned counsel for the appellant-petitioner and Mr. A. Pradhan, learned Addl. Public Prosecutor in the matter and perused the record, but none appears for the victim despite duly intimated as informed by the learned Addl. Public Prosecutor.

9. Realization of fine under the impugned judgment in G.R. Case No.102 of 2017(TR No.50 of 2022) of the Court of learned Adhoc Addl. District Judge-cum-Special Court under POCSO Act, Berhampur, Ganjam shall remain stayed till disposal of the appeal.

10. Accordingly, the IA stands disposed of.

11. This is an application under Section 430 (1) & (2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, "BNSS") by the appellant-petitioner for grant of bail pending suspension of further execution of sentence till disposal of the appeal.

12. Heard Mr. J. Samantaray, learned counsel for the appellant-petitioner and Mr. A. Pradhan, learned Addl. Public Prosecutor in the matter and perused the record, but none appears for the victim despite duly intimated as informed by the learned Addl. Public Prosecutor.

13. It appears from the record that the appellant after being convicted for certain offences including the offence U/S.12 of POCSO Act has been awarded with maximum substantive sentence of Rigorous Imprisonment for three years, but it is orally submitted that the appellant-petitioner was released on bail by the learned trial Court U/S.430(3) of BNSS after pronouncement of the judgment to obtain bail order from the Appellate Court.

14. In view of the above facts and after having considered the rival submissions and taking into account the maximum substantive sentence as awarded to the appellant-petitioner, this Court without expressing any view on merits, admits the appellant- petitioner to bail pending suspension of further execution of sentence and directs for suspension of his sentence.

15. Accordingly, the appellant-petitioner be released on bail on such terms and conditions as deems fit and proper by the convicting Court, but it is, however, clarified that if the appellant-petitioner was not released on bail U/S.430(3) of BNSS after pronouncement of the judgment by the learned trial Court, the benefit of this order shall not be extended to him without seeking leave of the Court.

16. Accordingly, the IA stands disposed of.

(G. Satapathy)

S. Sasmal

Location: High Court of Orissa Date: 07-Feb-2025 12:10:13