Orissa High Court

Pintu Behera vs State Of Odisha on 2 May, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          CRLA No. 900 of 2024
        Pintu Behera                           ...           Appellant
                                             Mr. S.R. Rout, Advocate
                                  -versus-
        State of Odisha                        ...          Respondent
                                             Mr. A. Pradhan, Addl. PP


                                CORAM:
                         JUSTICE G. SATAPATHY

                             ORDER(ORAL)

02.05.2025 CRLA No. 900 of 2024 and I.A. Nos.2257, 2258 & 2259 of 2024 Order No.

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

2. This appeal has been filed with a delay of 300 days, but the appellant-petitioner has filed a petition in I.A. No. 2257 of 2024 U/S. 5 of Limitation Act, 1963 for condonation of delay.

3. Since the appellant herein seeks for condonation of delay and admission of the appeal and the appellant being convicted for one of the offences under Section 376(3) of IPC and Section 6 of POCSO Act, wherein the appellant has prayed for grant of bail to him, the informant and victim are required to be noticed and informed before taking up hearing in this matter in view of the provision under Section 439(1A) of CrPC and Sub-rule 13 and 15 (viii) of

Rule-4 of the Protection of Children from Sexual Offences Rules, 2020 (in short the "Rules").

4. For the purpose of notice to the informant and information of victim-child in terms of the above Act and Rules, let the copy of the appeal memo and Interlocutory Applications received by the learned counsel for the State be sent to the informant and victim by Mr. A. Pradhan, Addl. PP through concerned Police Station indicating therein the probable date of hearing.

5. List this matter on 26th June, 2025.

6. Since the appellant-petitioner has been convicted and sentenced to undergo RI for 20 years, the learned State Counsel is, however, at liberty to file written objection to the bail application of the appellant-petitioner in terms of the judgment passed by the Apex Court in Atul Tripathi vs. State of Uttar Pradesh and Others; (2014) 9SCC 177 by next date.

(G. Satapathy) Judge

S.Sasmal

Location: High Court of Orissa Date: 03-May-2025 17:04:32