Orissa High Court
Unknown vs State Of Odisha on 5 May, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
Santosh Prusty
@ Santosh Kumar Prusty
(In CRLA No.897 of 2024)
Rabi Nayak
(In CRLA No.991 of 2024)
Umesh Chandra Mohanta @ Silu
(In CRLA No.992 of 2024)
Satyabrata Behera @ Bablu
(In CRLA No. 993 of 2024) ... Appellants
Mr. P.K. Ray, Advocate
(in CRLA No. 897 of 2024)
Mr. S. Pattanaik, Advocate
(In CRLA Nos.991, 992,
993 of 2024)
-versus-
State of Odisha ... Respondent
Mr. M.K. Mohanty, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No. 05.05.2025
05. I.A. No. 2466 of 2024 (CRLA No. 991 of 2024),
I.A. No. 2468 of 2024(CRLA No. 992 of 2024) &
I.A. No. 2469 of 2024 (CRLA No. 993 of 2024)
1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. These present Interlocutory Applications
U/S.5 of the Limitation Act, 1963 have been filed by
the respective appellants to condone delay of 01 day
in preferring these appeals.
3. Heard Mr. S. Pattanaik, learned counsel for
the appellants in CRLA Nos. 991, 992 & 993 of 2024
and Mr. M.K. Mohanty, learned Addl. Public
Prosecutor in the matter and perused the record, but
none appears for the victim despite being duly
informed as intimated by the learned State Counsel.
4. After having considered the rival submissions
and on going through the averments taken in these
I.As, since there is a delay of 01 day in preferring
these appeals which are the statutory right of the
appellants, this Court notwithstanding to the
objections raised by the State considers it in the
interest of justice to condone the delay of one day in
each appeal. Accordingly, the delay of one day in
preferring these appeals are hereby, condoned.
5. The I.A. Nos. 2466, 2468 & 2469 of 2024 are
accordingly, disposed of.
CRLA Nos. 897, 991, 992 & 993 of 2024
6. These four appeals by the respective
appellants are directed against the impugned
judgment of conviction and sentence of the
appellants for commission of offence punishable U/Ss.
376(D)/34 of the IPC r/w. Section 6 of the POCSO
Act.
7. Heard Mr. Prabir Kumar Ray, learned counsel
for the appellant appearing virtually in CRLA No.897
of 2024; Mr. S. Pattanaik, learned counsel for the
appellants in CRLA Nos. 991, 992 & 993 of 2024 and
Mr. M.K. Mohanty, learned Addl. Public Prosecutor in
the matter and perused the record, but none appears
for the victim despite being duly informed as
intimated by the learned State Counsel.
8. Admit.
9. Since the soft copy of the LCR is already
available, Office is requested to prepare paper books
and supply the same to the counsel for the parties in
accordance with Rules.
10. List these matters on 4th July, 2025 for final
hearing.
I.A. No.2034 of 2024 (CRLA No. 897 of 2024),
I.A. No.2386 of 2024 (CRLA No. 991 of 2024),
I.A. No. 2388 of 2024 (CRLA No. 992 of 2024) &
I.A. No. 2390 of 2024 (CRLA No. 993 of 2024)
11. These are applications for stay realization of
fine imposed on each of the appellants-petitioners.
12. Heard Mr. Prabir Kumar Ray, learned counsel
for the appellant appearing virtually in CRLA No.897
of 2024, Mr. S. Pattanaik, learned counsel for the
appellants in CRLA Nos. 991, 992 & 993 of 2024 and
Mr. M.K. Mohanty, learned Addl. Public Prosecutor in
the matter and perused the record, but none appears
for the victim despite being duly informed as
intimated by the learned State Counsel.
13. Realization of fine from each of the
appellants namely Santosh Prusty @ Santosh Kumar
Prusty (CRLA No.897 of 2024), Rabi Nayak (CRLA
No.991 of 2024), Umesh Chandra Mohanta @ Silu
(CRLA No.992 of 2024) & Satyabrata Behera @
Bablu (CRLA No.993 of 2024) under the impugned
judgment in C.T.(Special) POCSO Case No.40 of
2021/Trial No.63 of 2021 of the Court of learned
Addl. District & Sessions Judge-cum-Special Court
under POCSO Act, Jajpur shall remain stayed till
disposal of the appeal.
14. Accordingly, the IA Nos.2034, 2386, 2388 &
2390 of 2024 stand disposed of.
I.A. No.2035 of 2024 (CRLA No.897 of 2024),
I.A. No. 2384 of 2024 (CRLA No. 991 of 2024),
I.A. No. 2387 of 2024 (CRLA No. 992 of 2024) &
I.A. No.2389 of 2024 (CRLA No. 993 of 2024)
15. On the prayer of Mr. S. Pattanaik, learned
counsel for the appellants in CRLA Nos. 991, 992 &
993 of 2024, the present Interlocutory applications
for bail in I.A. Nos. 2384, 2387 & 2389 of 2024 stand
disposed of as not pressed.
16. The interlocutory application in I.A. No. 2035
of 2024 (CRLA No.897 of 2024) U/S. 430(1) & (2) of
Bharatiya Nagarik Suraksha Sanhita, 2023 (in short,
"BNSS") by the appellant-Santosh Prusty @ Santosh
Kumar Prusty for grant of bail pending suspension of
further execution of his sentence till disposal of the
appeal.
17. Heard, Mr. Prabir Kumar Ray, learned
counsel appearing virtually for the appellant and Mr.
M.K. Mohanty, learned Addl. Public Prosecutor in the
matter and perused the record, but none appears for
the victim despite being duly informed as intimated
by the learned State Counsel.
18. After having considered the rival submissions
and on going through the evidence on record
including that of the victim and taking into account
the grounds of challenge of conviction by the
appellant, this Court does not find any rhyme and
reason to grant bail to the appellant-petitioner, who
is not only found convicted for gang rape, but also for
commission of aggravated penetrative sexual assault
upon the victim.
Hence the prayer for bail to the appellant-
Santosh Prusty @ Santosh Kumar Prusty stands
rejected.
19. Accordingly, the I.A. No. 2035 of 2024 (CRLA
No.897 of 2024) stands disposed of.
(G. Satapathy)
Judge
S.Sasmal
Location: High Court of Orissa
Date: 06-May-2025 15:10:10
