Orissa High Court
Prabhakar @ Pravakar vs State Of Odisha on 26 September, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.138 of 2018
Prabhakar @ Pravakar
Gouda ..... Appellant/
Petitioner
Mr. Tapan Jyoti Pani,
Advocate
-versus-
State of Odisha ..... Respondent/
Opp. Party
Mr. Jateswar Nayak,
Addl. Govt. Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
ORDER
26.09.2025
27. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This is an application under section 430 of BNSS
for grant of bail.
Heard the learned counsel for the appellant-
Signature Not
petitioner and learned counsel for the State.
Verified
Perused the impugned judgment.
Digitally Signed
Signed by: SIPUN BEHERA
Designation: Senior
Stenographer
Reason: Authentication
Location: HIGH COURT OF
ORISSA, CUTTACK
The appellant-petitioner has been convicted for the
Date: 26-Sep-2025 16:55:15
offences punishable under section 376(D) of I.P.C. and
section 3(2)(v) of S.C. & S.T. (PoA) Act and sentenced
to undergo R.I. for twenty years for the offence under
section 376(D) of IPC and imprisonment for life for the
offence under section 3(2)(v) of S.C. & S.T. (PoA) Act
and both the sentences were directed to run
concurrently by the learned Sessions Judge -cum-
Special Judge, Rayagada vide judgment and order dated
27.07.2016 passed in C.T. No.159 of 2014.
Learned counsel for the petitioner submitted that
thrice, the petitioner was granted interim bail i.e. vide
order dated 13.07.2023 for a period of eight weeks, vide
order dated 15.03.2024 for a period of another eight
weeks and vide order dated 20.08.2024 for a period of
three months and after availing the same, he
surrendered at right time before the learned trial Court.
Learned counsel for the State has produced the
custody certificate dated 21.09.2025 of the petitioner
received from the Superintendent, Sub-Jail, Rayagada,
which indicates that the petitioner is in judicial custody
for more than ten years. Learned counsel also produced
the written instruction dated 22.09.2025 received from
the Inspector in-charge of Rayagada police station,
which indicates that nothing adverse was reported
against the petitioner. The custody certificate and
written instruction are taken on record.
Considering the submissions made by the learned
counsel for the respective parties, the period of
detention of the petitioner in judicial custody and the
fact that the petitioner has not misutilized the liberty
during his interim bail periods, we are inclined to release
the petitioner on interim bail for a period of three
months from the date of release. The petitioner shall
immediately surrender before the learned Court below
on expiry of the said three months period.
For the above period, let the petitioner be released
on interim bail in connection with 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
over the matter including the condition that he shall not
indulge in any criminal activities while on interim bail.
Violation of any of the condition shall entail
cancellation of bail.
The I.A. is disposed of accordingly.
( S.K. Sahoo)
Judge
(S. S. Mishra)
Judge
28. List this matter in the week commencing from 12th
January, 2026.
Learned counsel for appellant shall file the
surrender certificate of appellant by the next date.
Learned counsel for the State shall obtain the
written instruction from the concerned Inspector in-
charge regarding conduct of the appellant while he was
on interim bail.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
(S. S. Mishra)
Judge
Sipun/rajesh
