Pabana Patra vs State Of Odisha & Others
2025 Latest Caselaw 4768 Ori

Orissa High Court

Pabana Patra vs State Of Odisha & Others on 7 March, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

           IN THE HIGH COURT OF ORISSA AT CUTTACK
                         CRLA No.643 of 2018
        Pabana Patra                      ....                      Appellant
                                                       Mr. P.S. Nayak, Advocate
                                       -versus-

        State of Odisha & Others
                                          ....                  Respondents
                                                           Mr. P.K. Panda, ASC

                             CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY
                                 ORDER

07.03.2025

I.A. No.707 of 2025 Order No.

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

2. Heard learned counsel appearing for the Parties.

3. This I.A has been filed seeking for grant of bail by suspending the sentence so passed against the appellant.

4. It is contended that vide the impugned judgment dtd.13.08.2018 though Appellant has been convicted and sentence to undergo RI for 10 years for the offence under Section-376(i) of the I.P.C, but appellant in the meantime has already undergone imprisonment for more than 8 years and 6 months as revealed from the custody certificate produced by the Senior Superintendent Circle Jail, Cuttack at Choudwar in Court today.

5. It is contended that since out of the total period of conviction and sentence for 10 years, appellant has // 2 //

already remained in custody for more than 8 years and 6 months and there is no chance the appeal be decided within short time, let appellant be released on bail in any terms and condition as deem fit and proper.

6. Learned Addl. Standing Counsel for the State on the other hand contended that since appellant has been convicted for the offence under Section-376(i) of the I.P.C, let the matter be decided on merit.

7. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court finds that appellant has been convicted to undergo RI for 10 years for the offence under Section-376(2)(i) of the I.P.C. After going through the custody certificate so produced in Court, it is found that out of the aforesaid period of conviction of 10 years Appellant has already remained in custody for more than 8 years and 6 months as on date. It is also found that paper book has already been prepared.

8. Therefore, in view of such position, this Court is inclined to allow the application, let appellant be released on bail subject to such terms and condition as deem fit and proper to the satisfaction of the learned Court in seisin by suspending the sentence.

9. Accordingly, the I.A stands disposed of.

(Biraja Prasanna Satapathy) Judge

// 3 //

07. 1. Heard.

2. Registry is directed to prepare the paper book with service of copy on the learned counsel appearing for the appellant.

3. List this matter on 4th April, 2025.

(Biraja Prasanna Satapathy) Judge

Subrat

Location: HIGH COURT OF ORISSA, CUTTACK