Orissa High Court
Prakash Nayak vs State Of Odisha on 10 October, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.196 of 2025
Prakash Nayak ..... Appellant
Represented By Adv. -
Digambar Sethi
-versus-
State Of Odisha ..... Respondent
Represented By Adv. -
Mr. Panchanan Panigrahi,
Mr. L. Behera
Mr. S.K. Parhi, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
10.10.2025
Order No.
1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Appellant as well as learned
counsel for the Informant and learned counsel for the State.
3. This I.A. has been filed with a prayer for grant of
bail/suspension of sentence.
4. Learned counsel for the Appellant at the outset contended that
being aggrieved by the judgment of conviction of sentence dated
20.12.2024 passed by the learned Addl. District & Sessions Judge-
cum-Special Court (POCSO), Jeypore in T.R. Case No.58 of 2023,
which arises out of G.R. Case No.571 of 2023, thereby convicting
the Petitioner under Sections 354, 354-B of IPC read with Sections
8, 10, 12 of POCSO Act and sentencing the Petitioner to undergo a
maximum rigorous imprisonment of five years and to pay a fine of
Rs.5,000/-, the Petitioner has approached this Court by filing the
present application.
5. Learned counsel for the Appellant at the outset contended that
although the Appellant has been convicted and sentenced to undergo
R.I. for five years, in the meantime he has already undergone
imprisonment for a period of two years and nine months. He further
submitted that there is no possibility of an early hearing of the
appeal. In the aforesaid background, learned counsel for the
Appellant further submitted that unless the Petitioner is enlarged on
bail there is every likelihood that the appeal may become infructuous
by the time the same is taken up for final hearing. Pursuant to the
notice issued by this Court, the Informant, who happens to be the
mother of the Victim, appeared through the virtual mode by
remaining present at the local Police Station. The Informant stated
before this Court that she has no objection in the event the Petitioner
is released on bail.
6. Learned counsel appearing on behalf of the Informant is
present in Court and submitted that he has no objection in the event
the Appellant is released on bail.
7. Learned counsel for the State on the other hand objected to the
release of the Appellant on bail on the ground of the gravity and
seriousness of the crime. He also contended that there exists a prima
facie case against the present Appellant as he has been found guilty
by the learned trial Court.
8. Having heard the learned counsels appearing for the
respective parties, further taking into consideration the statement of
the Informant made before this Court through virtual mode and
further taking into consideration the period of custodial detention
which is more than 50% of the total sentence, this Court is inclined
to release the Petitioner on bail subject to the Petitioner furnishing a
bail bond of Rs.40,000/- (Rupees Forty Thousand) with two solvent
sureties each for the like amount to the satisfaction of the learned
court in seisin over the matter. The release of the Petitioner shall
also be subject to such other terms and conditions as is deemed just
and proper by the court in seisin over the matter. Violation of any of
the terms and conditions shall entail cancellation of bail.
9. Accordingly, the I.A. stands allowed.
10. This I.A. has been filed for staying the realization of fine.
11. Heard.
12. As an interim measure, it is directed that realization of the fine
as directed by the learned Additional District & Sessions Judge-
cum-Special Court (POCSO), Keonjhar, in T.R. Case No.58 of
2023/ G.R. Case No.571 of 2023 shall remain stayed till disposal of
the application.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Location: High Court of Orissa, Cuttack
Date: 13-Oct-2025 13:29:53 Page 3 of 3.
