Disposed

Rakesh@Dumera Majhi@Rakesh Majhi v. State of Odisha

Orissa HC3 May 2023CRLA/166/2022

Case brief

AI extract

What is this about?

Appeal against bail rejection in a POCSO case. Noting a vacancy in the trial court, the bench directed the appellant to avail an existing interim bail order or surrender by the date fixed. The bail prayer must be renewed before the trial court after examining the victim, and the appeal was disposed of.

What did the court decide?

Appellant directed to avail interim bail order or surrender by date fixed; bail prayer to be renewed after victim examination in trial court.

Rakesh@Dumera Majhi@Rakesh Majhi Vs State of… — Child Sexual Offences (POCSO) | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLA No. 166 of 2022

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Rakesh @ Dumera Majhi @ …. Appellant Rakesh Majhi

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Mr. J.N. Panda, Advocate

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-versus-

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State of Odisha

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…. Respondent

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Mr. Manoranjan Mishra, Addl. Standing Counsel

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CORAM: JUSTICE S.K. SAHOO ORDER Order No. 03.05.2023 07. This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the appellant and the learned counsel for the State.

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Order No.

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This is an appeal under section 101(5) of Juvenile Justice (C & P) Act, 2015 in connection with J.C.T. No.03 of 2018 (POCSO) arising out of Narla P.S. Case No.13 of 2018 pending in the Court of learned Additional Sessions Judge -cum- Special Judge (Children’s Court), Kalahandi, Bhawanipatna for offences punishable under sections 376(2)(n) of the Indian Penal Code read with section 6 of the POCSO Act.

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The appellant moved an application for bail

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// 2 //

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before the Court of learned Additional Sessions Judge -cum- Special Judge (Children’s Court), Kalahandi, Bhawanipatna which was rejected on 10.02.2022.

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Perused the report of the Registrar (Judicial) from which it appears that since 17.11.2022, there is no Presiding Officer in the Court of Additional Sessions Judge -cumSpecial Judge, Children’s Court, Bhawanipatna.

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Learned counsel for the appellant submitted that the appellant was granted interim bail for a period of eight weeks vide order dated 05.07.2022 but he has not utilized the same and he has never released on interim bail.

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Considering the submissions made by the learned counsel for the respective parties, it is observed that the appellant can avail the interim bail order dated 05.07.2022, if he has not availed the same and surrender as per the date fixed in that order after availing the interim bail period. The appellant may renew the prayer for bail before the learned trial Court after examination of the victim, which shall be disposed of on its own merit.

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Accordingly, the CRLA is disposed of.

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Urgent certified copy of this order be granted as per rules.

( S.K. Sahoo)

Judge

RKM

RABINDRA Digitally signed by RABINDRA KUMAR KUMAR MISHRA Date: 2023.05.05 MISHRA 13:23:38 +05'30'

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Rakesh@Dumera Majhi@Rakesh Majhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rakesh@Dumera Majhi@Rakesh Majhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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