Orissa High Court
Tapan @ Tapin Naik vs State Of Odisha .... Opposite Party on 30 June, 2025
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLREV No.01 of 2023
Tapan @ Tapin Naik .... Petitioner
Mr. S.K. Zafarulla, Advocate
-Versus-
State of Odisha .... Opposite party
Mr. P.K, Ray, AGA
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
30.06.2025
I.A. No.5 of 2024
Order No.
05. 1. I.A. is not pressed and hence, the same is disposed of
accordingly.
(R.K. Pattanaik)
Judge
06. I.A. No.6 of 2024
1. Heard Mr. Zafarulla, learned counsel for the petitioner
and Mr. Ray, learned AGA for the State.
2. Instant I.A. is filed by the petitioner seeking his release
on bail in connection with S.T. Case No.43/47 of 2015 of the
file of learned Assistant Sessions Judge, Champua on the
grounds stated.
3. Mr. Zafarulla, learned counsel for the petitioner submits
that the petitioner stands convicted for the offences under
Section(s) 376 and 450 IPC and awarded sentence of seven
years and fine and the same has been confirmed in Criminal
Appeal No.33 of 2016. The further submission is that the
petitioner was released on interim bail by this Court's order
dated 25th September, 2024 in I.A. No.03 of 2024 and
surrendered in time upon expiry of the same. It is claimed that
the petitioner was on bail during trial and pendency of appeal
and has served almost half of the sentence awarded by the
Court of 1st instance and hence, should be released on bail
pending disposal of the revision on any such terms and
conditions as would be considered just and proper in the facts
and circumstances of the case.
4. Mr. Ray, learned AGA for the State, on the other hand,
opposed release of the petitioner on bail in view of the order of
conviction and for the fact that bail was denied to him by this
Court, while dealing with and disposing of I.A. No.03 of 2024
on 25th September, 2024.
5. Perused the impugned judgment in Criminal Appeal
No.33 of 2016, whereby, the order of conviction and sentence
in S.T. Case No.43/47 of 2015 has been confirmed.
6. Considering the nature of allegations made involving
the victim and the fact that the petitioner stands convicted for
offences under Section(s) 376 and 450 IPC with a sentence of
R.I of seven years to undergo and to pay a fine of Rs.20,000/-
in default further R.I. of six months for the offence under
Section 376 IPC and a separate sentence for the other offence
under Section 450 IPC but to run concurrently and that he has
remained on bail during trial and also when the appeal was
pending before the learned court below and in the meantime,
him having served more than 3 years of sentence at the trial
stage, the Court recording the objection of Mr. Ray, learned
AGA for the State is inclined and in favour of granting bail to
him subject to suitable conditions. The Court is also of the view
that the petitioner should be allowed to go on bail since the
revision is pending since 2023 and unlikely to be disposed of
shortly and that apart, nothing is brought on record to show that
he had misutilised the liberty granted to him earlier while on
interim bail by this Court's order dated 25th September, 2024 in
I.A. No.03 of 2024 and any time before.
7. Hence, it is ordered.
8. Consequently, the petitioner is directed to be released
on bail in connection with S.T. Case No.43/47 of 2015 subject
to conditions imposed by learned Assistant Sessions Judge,
Champua. It is further directed that such release of the
petitioner shall be upon an enquiry to ascertain whether he had
ever misutilised the liberty before and later allowed vide I.A.
No.03 of 2024 during the interim bail period involving the
victim in any manner of whatsoever.
9. I.A. is disposed of accordingly.
10. Urgent copy of this order be issued as per rules.
(R.K. Pattanaik)
Judge
Rojina
Designation: Junior Stenographer
