Kala @ Kalaka Mahendra @ vs State Of Odisha
2025 Latest Caselaw 4719 Ori

Orissa High Court

Kala @ Kalaka Mahendra @ vs State Of Odisha on 6 March, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          CRLA No.621 of 2024
       Kala @ Kalaka Mahendra @             ...            Appellant
       Kolaka Mahendra
                                            Mr. R.K. Das, Advocate

                                 -versus-
       State of Odisha                      ...           Respondent
                                     Mr. M.K. Mohanty, Addl. PP
                                CORAM:
                         JUSTICE G. SATAPATHY
                               ORDER(ORAL)

06.03.2025 Order No.

03. CRLA No. 621 of 2024

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. This is an appeal against the conviction and sentence of the appellant for commission of offence punishable U/S 376(3) r/w Sec. 6 of POCSO Act.

3. Heard.

4. Admit. Since LCR is already available, Office is requested to prepare paper books and supply the same to the learned counsel for the parties in accordance with Rules.

5. List this matter on 24.06.2025.

6. This is an application by the appellant- petitioner for stay realization of fine.

7. Heard.

8. Realization of fine from the Appellant under the impugned judgment in T.R. Case No.124 of 2022 of the Court of learned Addl. Sessions Judge-cum- Special Judge, Paralakhemundi at Gajapati shall remain stayed till disposal of the appeal.

9. The I.A. is, accordingly, disposed of.

10. This is an application U/S.389(3) of the CrPC for grant of bail to the appellant-petitioner pending suspension of further execution of sentence till disposal of the appeal.

11. Heard, Mr. Rakesh Kumar Das, learned counsel for the appellant, Mr. M.K. Mohanty, learned Addl. Public Prosecutor and Mr. Amit Kumar Sahoo, learned counsel who enters appearance for the victim in the Court today by filing Vakalatnama, which is taken on record, in the matter and perused the record.

12. After having considered the rival submissions and taking into consideration the grounds of challenge against conviction and regard being had to the evidence of victim and other witnesses and taking into account the custody period of the appellant w.e.f 02.08.2022, while not being inclined to grant regular bail to the appellant, this Court, however, grants interim bail to the appellant-petitioner for a period of 90 days w.e.f the date of his actual release on bail on

such terms and conditions as deems fit and proper by the convicting Court.

The appellant-petitioner is, however, advised to surrender to custody after expiry of the interim bail, failing which the convicting Court is at liberty to take coercive steps to commit the appellant to prison.

13. Accordingly, the IA stands disposed of.

(G. Satapathy) Judge Priyajit

Location: HIGH COURT OF ORISSA