Orissa High Court
Prasanta Dandasena vs State Of Odisha on 19 September, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 639 of 2016
Prasanta Dandasena ..... Appellants/Petitioners
Mr. Julu Khansama,
Advocate
-versus-
State of Odisha ..... Respondent/Opp. Party
Ms. Suvalaxmi Devi,
Addl. Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S.S. MISHRA
ORDER
Order No. 19.09.2025
I.A. No. 1169 of 2025
13. This is an application for bail.
Heard learned counsel for the appellant and the learned
counsel for the State.
The appellant-petitioner has been convicted under sections
376D/120B of the Indian Penal Code read with Section 6 of
POCSO Act and Section 66E and 67B of the I.T. Act, and was
sentenced to undergo imprisonment for life means the remainder
of the persons natural life and to pay a fine of Rs.2,00,000/-
(rupees two lakhs) in default, to undergo R.I. for two years for
the offence under section 376D/120-B of the Indian Penal Code,
to undergo R.I. for one year for the offence under Section 66E of
the I.T. Act, 2000 and to undergo R.I. for three years and to pay
a fine of Rs.2,00,000/- (rupees two lakhs), in default, to undergo
R.I. for six months under Section 67B of I.T. Act, 2000/120-B of
Indian Penal Code. He was not sentenced under Section 6 of the
POCSO Act, as it prescribes lesser punishment than the
punishment prescribed under Section 376D of IPC. All the
sentences were directed to run concurrently by the learned
District and Sessions Judge-cum-Special Judge (Special Court),
Sambalpur in S.T. Case No. 219 of 2014.
Perused the impugned judgment.
Learned counsel for the appellant submits that the
appellant was taken into judicial custody since 20.10.2014 and
during the trial he was never released on bail and during
pendency of the appeal, he was directed to be released on
interim bail for a period of three months vide order dated
29.07.2024. He further submits that the appellant has not taken
part in the commission of rape as per the evidence of the victim
and three of the co-accused persons, namely, Muna Oram,
Ranjan Oram and Jayamangal Pradhan has been directed to be
released on bail by this Court and he has filed the copies of the
order, which are taken on record. He has also filed the custody
certificate of the appellant, which is taken on record.
The learned counsel for the State though submits that
nothing adverse has been reported against the appellant during
the interim bail, but the Inspector-in-charge, Mahalia Police
Station has reported that the victim is now unmarried and she is
studying and preparing for job and there may be like risk of the
victim.
Since as per the judgment it was the co-accused persons,
namely, Amir Pradhan (JCL) and Bishnu Kisan committed rape on
the victim, taking into account the period of detention of the
appellant in judicial custody as well as his conduct during the
period of interim bail that he has not flouted the terms and
conditions, we are inclined to release the appellant-petitioner on
interim bail for a period of three months from the date of his
release. The appellant-petitioner shall surrender before the
learned trial Court on expiry of three months period.
For the above period, let the appellant-petitioner be
released on interim bail in the aforesaid case on furnishing bail
bond of Rs.20,000/-(rupees twenty thousand) with one local
solvent surety for the like amount to the satisfaction of the
learned trial Court, subject to condition that while on interim bail
the appellant-petitioner shall not indulge in any criminal activities
in any manner, he shall not try to come in contact with the victim
or her family members and he shall appear before the IIC, Sason
Police Station, Sambalpur once in a week on every Sunday.
Violation of any of the conditions shall entail cancellation of
interim bail.
The I.A. is disposed of accordingly.
Issue urgent certified copy of this order as per rules.
(S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
14. Put up this matter in the week commencing from 5th
January, 2026.
Learned counsel for appellant-petitioner shall file the
surrender certificate of appellant on the next date.
(S.K. Sahoo)
Judge
(S.S. Mishra)
Ashok/Swarna
Judge
Designation: Senior Stenographer
Location: High Court of Orissa
Date: 20-Sep-2025 16:43:11
