Sambhu Moharana vs State Of Odisha
2025 Latest Caselaw 1610 Ori

Orissa High Court

Sambhu Moharana vs State Of Odisha on 23 July, 2025

Author: B. P. Routray

Bench: B. P. Routray

Signature Not Verified
Digitally Signed
Signed by: MANAS KUMAR PANDA
Designation: Personal Assistant
Reason: Authentication
Location: OHC, Cuttack
Date: 23-Jul-2025 18:01:28




                                       IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                 CRLA No.577 of 2023
                            Sambhu Moharana                              ....         Appellant
                                                                  Mr. Devashis Panda, Advocate
                                                             -versus-
                            State of Odisha                              ....        Respondent
                                                            Ms. B.L. Tripathy, Additional P.P.
                                                       Mr. Anirudha Das, counsel for informant

                                          CORAM:
                                          SHRI JUSTICE B. P. ROUTRAY
                                                         ORDER

23.7.2025 Order No.

08. 1. There shall be stay realization of fine amount as imposed in judgment dated 24th March, 2023 passed in C.T. Case No.64 of 2019 till disposal of the appeal.

2. The I.A. is disposed of.

09. 3. Heard Mr. D. Panda, learned counsel for the Petitioner -

Appellant, Ms. B.L. Tripathy, learned APP for State - Respondent as well as Mr. A. Das, learned counsel for the informant.

4. The Appellant namely Sambhu Moharana, who is convicted for commission of offence under Section 4(2) of the POCSO Act read with Section 376(3)/363 of I.P.C. and sentenced to undergo R.I. for 20 years along with fine by the learned Additional Sessions Judge-cum- Special Court under POCSO Act, Phulbani in judgment dated 24th

Designation: Personal Assistant

March, 2023 passed in C.T. Case No.64 of 2019 has prayed to release him on bail pending appeal.

5. It is submitted that the Appellant is inside custody since 24th March, 2023 till date upon conviction and prior to that he was detained in custody for 2 years 9 months 7 days, and in total he has undergone more than 5 years in custody by now. It is further submitted that the allegations of penetrative sexual assault made by the victim in her statement is not supported by medical evidence and the evidence of the informant has been contradicted in her cross- examination.

6. Upon hearing all the parties and going through the evidences of the witnesses including victim (P.W.8), informant (P.W.9) and the medical reports under Ext.3/2 & Ext.7, and considering the surrounding circumstances of the case, it is directed to release the Appellant on bail pending appeal on such terms and conditions to be fixed by learned Additional Sessions Judge-cum-Special Court under POCSO Act, Phulbani in C.T. Case No.64 of 2019.

7. The I.A. is disposed of.

10. 8. List the appeal for hearing in the 1st week of December, 2025.

9. An urgent certified copy of this order shall be issued on proper application.

( B.P. Routray) Judge M.K.Panda