Mithun @ Pradeep Nayak @ vs State Of Odisha
2025 Latest Caselaw 4769 Ori

Orissa High Court

Mithun @ Pradeep Nayak @ vs State Of Odisha on 7 March, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          CRLA No.368 of 2024
       Mithun @ Pradeep Nayak @              ...          Appellant
       Naik
                                          Ms. S. Malik, Advocate
                  Appearing on behalf of Ms. R. Biswal, Advocate

                                  -versus-
       State of Odisha                       ...       Respondent
                                           Mr. A.K. Apat, Addl. PP
                                 Mr. P. Jena, Advocate(informant)

                                CORAM:
                         JUSTICE G. SATAPATHY
                              ORDER(ORAL)

07.03.2025 Order No.

09. I.A. No.886 of 2024

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

2. This is an application U/Ss. 430(1) & (2) of the BNSS by the appellant-petitioner for grant of bail pending suspension of his further execution of sentence till disposal of the appeal.

3. Heard, Ms. Swarnalata Malik, learned proxy counsel appearing on behalf of Ms. Rajalaxmi Biswal, learned counsel for appellant-petitioner, Mr. Pitambar Jena, learned counsel for the informant and Mr. A.K. Apat, and perused the record, so also the objection filed by the learned State to the bail application of the appellant-petitioner.

4. It appears from the record that the appellant after being convicted for commission of offences

punishable U/Ss.366/376(2)(n) of the IPC read with Section 6 of the POCSO Act is accordingly awarded with maximum substantive sentence of Rigorous Imprisonment (RI) for ten years, however, the appellant-petitioner has already undergone custody period for near about one and half years pre and post- conviction.

5. In view of the above facts and after having considered the rival submissions and on going through the impugned judgment keeping in view the evidence of witnesses, more particularly that of the victim and taking into account the other surrounding circumstance, this Court admits the appellant-petitioner to bail by suspending his sentence till disposal of the appeal.

6. Accordingly, the appellant-petitioner be released on bail on such terms and conditions as deems fit and proper by the convicting Court.

7. Accordingly, the IA stands disposed of.

8. List this matter on 16.05.2025.

(G. Satapathy) Judge Jina

Location: High Court of Orissa Date: 08-Mar-2025 14:24:01