Citation : 2025 Latest Caselaw 8706 Ori
Judgement Date : 24 September, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.917 of 2024
Gadadhara@sadhu Mangaraj ..... Appellant
Represented By Adv.
- K.p Mishra, Mithun
Das, Partha Sarathi
Das
-versus-
State Of Odisha ..... Respondent
Represented By Adv. -
Ms. S.Nayak, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
24.09.2025
Order No.
15. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. This I.A. has been filed at the instance of the convict- Appellant for his release his interim bail.
3. Heard learned counsel for the Appellant-Petitioner as well as learned counsel for the State.
4. Learned counsel for the Appellant-Petitioner at the outset contended that the convict-Appellant has preferred this appeal against the judgment of conviction of dated 13.08.2024 in S.T. No.54/136 of 2010 of the C.J.S.D.-cum-A.S.J.(Women's Court). Khurda thereby convicting the Appellant-Petitioner for commission of an offence under Section 376(2)(f) of I.P.C. and the Appellant-
Petitioner has been sentenced to undergo RI for ten years and to pay a fine of Rs.5,000/-.
5. He further submitted that the Appellant-Petitioner was initially arrested on 02.04.2010 and during trial, he was released on bail on 24.06.2011 and at the moment he is in custody from the date of judgment i.e. 13.08.2024. The present I.A. has been filed with a prayer for interim release of the Appellant-Petitioner on bail on the ground of illness of his father, namely Achuta Mangaraj.
6. Learned counsel for the State on instruction from IIC Bolagada P.S. dated 22.09.2025 submitted before this Court that the IIC of the concerned police station conducted a local inquiry and found that the father of the Appellant-Petitioner is bed-ridden due to illness and that there is no male person in his family to look after him. It has also been stated in the copy of report which was filed before this Court that the father of the Appellant-Petitioner needs proper medical treatment.
7. In view of the aforesaid position, this Court is inclined to release the Appellant-Petitioner on interim bail for a period of four weeks and the period of interim bail shall be counted from the date of his release from custody. The release of the Appellant-Petitioner would be subject to such terms and conditions as would be deemed just and proper by the learned trial court.
8. On expiry of the interim bail period, the Appellant-Petitioner shall surrender immediately before the court below, failing which, it is open to the court below to take coercive action against the Appellant-Petitioner to ensure that the Appellant-Petitioner is taken back into custody.
9. Accordingly, I.A. stands disposed of.
10. List this matter in the week commencing 10 th November, 2025.
11. Surrender certificate of the Appellant-petitioner be produced before this Court in the meantime.
( A.K. Mohapatra ) Judge Rubi
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