Bhagaban Panda vs State Of Odisha
2025 Latest Caselaw 1442 Ori

Orissa High Court

Bhagaban Panda vs State Of Odisha on 18 July, 2025

Author: B. P. Routray

Bench: B. P. Routray

                                                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                            CRLA No.1215 of 2023
                                          Bhagaban Panda                            ....          Appellant
                                                                             Mr. B.S. Dasparida, Advocate
                                                                       -versus-
                                          State of Odisha                           ....        Respondent
                                                                                    Mr. T.K. Dash, A.P.P.
                                                    CORAM:
                                                    JUSTICE B. P. ROUTRAY

                                                                     ORDER

18.07.2025 Order No. I.A. No.2684 of 2023

10. 1. Realization of fine amount shall remain stayed till disposal of the appeal.

2. The I.A. is disposed of.

I.A. No.767of 2025

3. Heard Mr. B.S. Dasparida, learned counsel for Appellant and Mr. T.K. Dash, learned Additional Public Prosecutor for State- Respondent.

4. No-one appears on call for the informant despite the name of the lawyer is indicated in the cause list.

5. The Appellant, namely, Bhagaban Panda, who has been convicted by learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Rayagada in the judgment dated 19.10.2023 in T.R. Case No.34 of 2021 for commission of offences under Section 4 of the POCSO Act read with Section 376(3), I.P.C. and sentenced to undergo R.I. for 20 years along with fine, has prayed

Location: High Court of Orissa, Cuttack Date: 18-Jul-2025 16:24:11 to release him on bail pending appeal. In addition to aforesaid offences, the Appellant is also convicted for commission of offence under Section 506, I.P.C. and sentenced to undergo R.I. for 2 years along with fine. Both the sentences are directed to run concurrently.

6. It is submitted on behalf of the Appellant that, he is inside custody since 23.5.2021 and the statement of the victim is not supported with DNA Test report.

7. Upon hearing both parties and going through the evidences of all witnesses including the victim (P.W.3), her parents and the medical evidence, and taking note of the age of the Appellant as well as the age of the victim, I am not inclined to release the Appellant on bail pending appeal at this stage. Accordingly, the prayer for bail is rejected.

8. The I.A. is dismissed.

9. List this appeal on 13th October 2025 for hearing.

(B.P. Routray) Judge

B.K. Barik

Signed by: BASANTA KUMAR BARIK Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Jul-2025 16:24:11