Citation : 2025 Latest Caselaw 6224 Ori
Judgement Date : 24 June, 2025
Signature Not Verified
Digitally Signed
Signed by: MANAS KUMAR PANDA
Designation: Personal Assistant
Reason: Authentication
Location: OHC, Cuttack
Date: 25-Jun-2025 17:58:30
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.436 of 2024
Pupuli @ Saurav Kumar Bisoi .... Appellant
Mr. R.B. Mishra, Advocate
-versus-
State of Odisha .... Respondents
Mr. R. Pradhan, Additional Standing Counsel
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
24.6.2025 Order No.
08. 1. Heard Mr. R.B. Mishra, learned counsel for the Appellant -
Petitioner and Mr. R. Pradhan, learned ASC for State - Respondent - Opposite Party.
2. The Appellant has prayed to release him on bail pending appeal, who has been convicted for commission or offence under Section 363 of the Indian Penal Code along with Section 6 of the POCSO Act and sentenced to undergo R.I. for five years and to pay a fine of Rs.2000/-, I.D. to undergo further R.I. for two months for the office under Section 363 of I.P.C. and to undergo R.I. for twelve years and to pay a fine of Rs.5000/-, I.D. to further undergo R.I. for five months for the offence under Section 6 of the POCSO Act by the learned Additional Sessions Judge-cum-Special Judge, Nayagarh in his judgment dated 26th July, 2017 passed in T.R. No.15 of 2015. The sentences are directed to run concurrently.
Designation: Personal Assistant
3. It is submitted that the Appellant is inside custody since 10th June, 2015 and a custody certificate dated 26th February, 2025 issued by the District Jail, Puri is produced to that effect.
4. Perusal of said custody certificate reveals that the Appellant is inside custody relating to Itamati P.S. Case No.15 of 2014, whereas present appeal is concerning to Itamati P.S. Case No.24 of 2015 (T.R. No.15 of 2015). So some confusion appears with regard to period of custody of the Appellant in the present case.
5. The Superintendent of District Jail, Puri is directed to file an affidavit with regard to custody period of the Appellant in the present case and also to state about any previous conviction of the Appellant. It needs to be mentioned here that as per the sentencing part of the impugned judgment the present Appellant was previously convicted in S.T. Case No.19/78 of 2013-2012.
6. The affidavit of Jail Superintendent shall be filed on or before 4th July, 2025.
7. List the matter on 8th July, 2025.
( B.P. Routray) Judge M.K.Panda
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