Orissa High Court
Trinath Das vs State Of Odisha .... Opposite Party on 10 July, 2025
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.478 of 2024
Trinath Das .... Petitioner
Mr. R.R. Das, Advocate
-Versus-
State of Odisha .... Opposite party
Mr. S.K. Swain, AGA
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
10.07.2025
I.A. Nos.838 and 839 of 2024
Order No.
03. 1. Heard Mr. Das, learned counsel for the petitioner and
Mr. Swain, learned AGA for the State.
2. Instant I.As are filed by the petitioner seeking release of
the petitioner on bail with the suspension of sentence in terms
of Section 389 Cr.P.C. and stay realization of the final amount
directed against him in S.T. Case No.10/56/173 of 2013-10 till
disposal of the revision.
3. Mr. Das, learned counsel for the petitioner refers to the
facts of the case and submits that the petitioner is in custody
after the order of conviction dated 30th June, 2015 was upheld
in Criminal Appeal No.29/50 of 2020-15. The further
submission is that the petitioner was on bail during trial and
pendency of the appeal, hence, therefore, he should be allowed
to be released suspending the sentence under Section 389
Cr.P.C. Recorded the objection of Mr. Swain, learned AGA for
the State, according to whom, the victim was a minor aged
about 13 years and she was subjected to sexual mischief in the
hands of the petitioner, hence, was convicted for the offences
under Section 376 IPC as well as Section 366 IPC with a
maximum sentence of 7 years awarded to him with fine and
default sentence.
4. Upon a reading of the impugned judgment in Criminal
Appeal No.29/50 of 2020-15, the circumstances leading to the
commission of the alleged mischief by the petitioner are
revealed. Admittedly, the victim was school going girl and was
13 years old by the time of the alleged occurrence. The
petitioner was 20 years old boy when the alleged incident took
place on 10th March, 2010 during which he had forcibly made
the victim to seat on a motor cycle and was taken to Champua
and was kept in his uncle's house, where the sexual mischief
was committed. Considering the circumstances leading to be
lodging to the FIR with the disappearance of the victim and the
fact that the petitioner was a boy of 20 years old by then and
had been on bail during trial and pendency of appeal, recording
the objection of Mr. Swain, learned AGA for the State, the
Court is inclined to direct him to go on bail with suitable
conditions imposed on him.
5. Accordingly, it is ordered.
6. In the result, I.As stand allowed. Consequently, the
petitioner is directed to be released on bail in connection with
S.T. Case No.10/56/173 of 2013-10 by learned Assistant
Sessions Judge-cum-Special Track Court, Keonjhar or the
Court session over the matter as the case may be imposing
suitable conditions just and expedient in the facts and
circumstances of the case.
7. Urgent copy of this order be issued as per rules.
(R.K. Pattanaik)
Judge
1. List on 31st July, 2025 for final hearing and orders.
(R.K. Pattanaik)
Judge
Rojina
Designation: Junior Stenographer
Date: 11-Jul-2025 11:16:43
