Orissa High Court

Chandrakanta Mallick vs State Of Odisha on 7 July, 2025

Author: B. P. Routray

Bench: B. P. Routray

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 07-Jul-2025 17:56:23



                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                    CRLA No.712 of 2025
                                Chandrakanta Mallick                          ....          Appellant
                                                                           Mr. R.S.Samal, Advocate
                                                                -versus-
                                State of Odisha                               ....        Respondent
                                                                           Mr. G.Tripathy, Addl.P.P.

                                             CORAM:
                                             SHRI JUSTICE B. P. ROUTRAY
                                                           ORDER

07.07.2025 Order No.

03. 1. Heard.

2. Admit.

3. Call for the copy of TCR.

4. An extra copy of the brief be served on Mr. Tripathy, learned Addl.P.P. who shall ensure service of the same on the informant / victim through local police.

5. List the matter on 17th October, 2025.

6. Heard Mr. Samal, learned counsel for the Appellant - Petitioner and Mr. Tripathy, learned Addl.P.P. for State - Respondent - Opposite Party.

7. The Appellant who is convicted for commission of offences under Section 354-D/509 of the Indian Penal Code and read with Section 12 of the POCSO Act and sentenced to undergo R.I. for two years along with fine by Additional Sessions Judge-cum-Special

Location: High Court of Orissa, Cuttack

Court under POCSO Act, Jagatsinghpur in his judgment dated 19th May 2025 has prayed to release him on bail pending appeal.

8. It is submitted on behalf of the Appellant that he was on bail during trial and upon conviction also released on bail in terms of the provision contained in Section 389 (3) of the Cr.P.C.

9. Upon hearing both parties and considering the factors like he is continuing on bail under Section 389 (3) of the Cr.P.C. and that he was all along bail during trial, it is directed to release the Appellant- Petitioner on bail pending appeal on such terms and conditions to be fixed by the learned Additional Sessions Judge-cum-Special Court under POCSO Act, Jagatsinghpur in connection with Special G.R.Case No. 05 of 2019 corresponding to Kujanga P.S. Case No.06 of 2019.

10. The I.A. is disposed of.

11. There shall be stay of realization of fine amount as imposed by learned Additional Sessions Judge-cum-Special Court under POCSO Act, Jagatsinghpur in the impugned judgment dated 19th May 2025 till disposal of the appeal.

12. The I.A. is disposed of.

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

( B.P. Routray) Judge S.Das