Sukanta Pradhan vs State Of Odisha
2025 Latest Caselaw 4276 Ori

Orissa High Court

Sukanta Pradhan vs State Of Odisha on 20 February, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                         CRLA No.1108 of 2024
     Sukanta Pradhan                          ...            Appellant
                                              Mr. J. Sahoo, Advocate
                              -versus-
     State of Odisha                          ...           Respondent
                                              Mr. S.K. Rout, Addl. PP
                                CORAM:
                         JUSTICE G. SATAPATHY
                             ORDER(ORAL)

Order No.                     20.02.2025
   03.       I.A. No. 2698 of 2024
             1.        This   matter     is       taken   up   through   Hybrid

Arrangement (Virtual/Physical Mode).

2. Heard, Mr. Jyotirmaya Sahoo, learned counsel for the Appellant and Mr. S.K. Rout, learned Addl. Public Prosecutor in the matter and perused the record.

3. Since stay realization of fine amount was stayed for interim period till today, there shall be stay realization of fine under the impugned judgment in T.R. Case No. 545 of 2023 of the Court of learned Special Judge(POCSO)- cum-Addl. Sessions Judge, Bhubaneswar till disposal of the appeal.

4. Accordingly, the IA stands disposed of.

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

6. Heard, Mr. Jyotirmaya Sahoo, learned counsel for the Appellant and Mr. S.K. Rout, learned Addl. Public Prosecutor in the matter and perused the record including the evidence of the victim.

7. It appears from the impugned judgment that the present Appellant-Petitioner has been convicted for offence U/Ss. 363/366/34 of IPC and is accordingly awarded with maximum substantive sentence of Rigorous Imprisonment for five years, but the Appellant-Petitioner has undergone incarceration for a period of three months and five days during the trial and near about five months post conviction. Further, the Appellant was all along on bail during trial.

8. In view of the aforesaid facts and after having considered the rival submissions keeping in view the custodial period of the Appellant-Petitioner and taking into account the grounds of challenge of the conviction of the Appellant-Petitioner and regard being had to the evidence of the victim with respect to the present Appellant- Petitioner and the fact that the appeal is unlikely to be heard in near future, this Court admits the Appellant- Petitioner to bail by suspending his sentence.

9. Hence, the prayer for bail of the appellant- petitioner stands allowed and he be allowed to go on bail on such terms and conditions as deems fit and proper by the learned convicting Court.

10. The I.A. stands disposed of.

11. List this matter on 28.03.2025.

(G. Satapathy) Judge

Priyajit

Location: HIGH COURT OF ORISSA