Dayakara Ghivela vs State Of Odisha & Others
2025 Latest Caselaw 4353 Ori

Orissa High Court

Dayakara Ghivela vs State Of Odisha & Others on 21 February, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

     IN THE HIGH COURT OF ORISSA AT CUTTACK
                      CRLA No.1155 of 2022

Dayakara Ghivela                       .....            Appellant
                                                    Mr. D.P. S. Mallick, Advocate
                                  -versus-

State of Odisha & Others             .....              Respondents
                                                    Mr. S. Das, ASC


                    CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
                     ORDER

21.02.2025

Order No. 05 I.A. No.2222 of 2022

1. This matter is taken up through hybrid mode.

2. Heard learned counsel appearing for the Parties.

3. This is an application filed under Section 389 of Cr.P.C with a prayer to suspend the sentence passed against the appellant.

4. It is contended that vide the impugned judgment, appellant has been convicted to undergo sentence on various counts and the maximum punishment imposed is sentence of 20 years for the offence under Section-5(k), punishable under Section-6 of POCSO Act.

4.1. It is contended that the Appellant is in custody since 23.12.2019 and in the meantime, he was remained in custody for more than five years.

4.2. It is accordingly contended that since the appellant has already remained in custody for more than five years out of the maximum

substantive sentence of 20 years, the appellant be released on bail by suspending the sentence.

5. Mr. S. Das, learned Addl. Standing Counsel for the State on the other hand contended that since the appellant has been convicted to undergo RI for different term on various counts, which includes sentence of 20 years for the offence under Section-5(k) punishable under Section-6 of the POCSO Act, appellant even though has been remained in custody for more than five years, but taking into account the materials available against the appellant so also statement of the victim, appellant is not eligible to get the benefit of suspension of sentence with release on bail.

6. Having heard learned counsel appearing for the Parties and considering the materials available on record, this Court is not inclined to allow the appellant to go on bail by suspending the sentence as prayed for for the present.

7. Accordingly, the I.A stands rejected.

(BIRAJA PRASANNA SATAPATHY) Judge

06.1. Put up this appeal for hearing on 28.03.2025. Registry is directed

to prepare the Paper Book in the meantime.

Signed by: SUBRAT KUMAR BARIK                                 Judge

Location: HIGH COURT OF ORISSA, CUTTACK
Date: 25-Feb-2025 11:50:18 Subrat