Sk. Jabir vs State Of Odisha
2025 Latest Caselaw 628 Ori

Orissa High Court

Sk. Jabir vs State Of Odisha on 14 May, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          CRLA No.66 of 2024
       Sk. Jabir                            ...           Appellant
                                     Mr. R.K. Pattanaik, Advocate

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

14.05.2025 Order No.

10. I.A. No.2313 of 2024

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

2. This is an application by the Appellant for stay realization of fine.

3. Heard, Mr. Ramani Kanta Pattnaik, learned counsel for the Appellant appearing virtually and Mr. S.K. Rout, learned Addl. Public Prosecutor in the matter and perused the record, but none appears for the victim despite being duly informed as intimated by learned Addl. PP.

4. Realization of fine from the Appellant under the impugned judgment in C.T. Special (POCSO) Case No. 130 of 2019 of the Court of learned Additional District & Sessions Judge(FTSC), Jajpur shall remain stayed till disposal of the appeal.

5. Accordingly, the IA stands disposed of.

6. This is an application U/Ss.430(1) & (2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, "BNSS") for grant of bail to the appellant pending suspension of further execution of his sentence till disposal of the appeal.

7. Heard, Mr. Ramani Kanta Pattnaik, learned counsel for the Appellant appearing virtually and Mr. S.K. Rout, learned Addl. Public Prosecutor in the matter and perused the record including the judgment, but none appears for the victim despite being duly informed as intimated by learned Addl. PP.

8. It appears from the record that the present appellant has been convicted for commission of offence punishable U/S.376(3) of IPC r/w Sec. 6 of the POCSO Act, but the discussion made in the judgment reveals that even in case of negative DNA report, the evidence of the victim has to be examined carefully. Further, the DNA report as exhibited under Ext. P-181 reveals that the DNA profile of the victim and the child are not matching with the DNA profile of the appellant.

9. In view of the above facts and after having considered the rival submissions and on going through the material evidence placed on record and regard being had to the pre trial detention of the appellant in custody for near about 2 and ½ years and the appellant being all along on bail during trial

except the period of his detention and keeping in view the appeal being unlikely to be heard in near future, this Court considers it proper to suspend the sentence of the appellant and admit him to bail.

10. Accordingly, the sentence of the appellant be suspended and he be admitted to bail by the convicting Court on such terms and conditions as deems fit and proper.

11. Accordingly, the IA stands disposed of.

12. 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.

13. List this matter on 24.07.2025.

(G. Satapathy) Judge Priyajit

Location: HIGH COURT OF ORISSA