Surendra Gauda vs State Of Odisha
2021 Latest Caselaw 8203 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   CRLA No.671 of 2018
            Surendra Gauda                            ....           Appellant
                                                      Mr. S. Panda, Advocate
                                         -versus-
            State of Odisha                          ....         Respondent
                                                    Mr. M.K. Mohanty, A.S.C.

                      CORAM:
                      JUSTICE S.K. PANIGRAHI
                                        ORDER

05.08.2021 Order No. I.A. No.1648 of 2018

10. 1. This matter is taken up by video conferencing mode.

2. This is an application for grant of bail.

3. Heard learned counsel for the appellant and learned counsel for the State.

4. The appellant-petitioner has been convicted under sections 376(2)(n)/506 of the Indian Penal Code and section 6 of the POCSO Act and sentenced to undergo R.I. for ten years and to pay a fine of Rs.10,000/-(rupees ten thousand), in default, to undergo R.I. for two months for the offence under section 376(2)(n) of IPC and R.I. for one year for the offence under section 506 of IPC and R.I. for ten years and to pay fine of Rs.10,000/-, in default, to undergo R.I. for two months for the offence under section 6 of the POCSO Act passed by the learned Additional Sessions Judge -cum- Special Judge, Nabarangpur in C.T. Case No.211 of 2015(T).

Perused the impugned judgment.

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5. Learned counsel for the petitioner-appellant submitted that the appellant was on bail during trial and he has never misutilised his liberty. He further submits that the appellant has good chances of success in the appeal and balance of convenience is in his favour. However, there is no chance of early hearing of the appeal in the near future and therefore, the bail application may be favourably considered.

6. Learned counsel for the State opposed the prayer for bail.

7. Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced during trial and the fact that the appellant was on bail during trial and absence of any chance of early hearing of appeal in the near future, I am inclined to release the appellant on bail.

8. Having heard learned counsel for the parties and taking into account of detention of the appellant in custody, it is directed that the appellant be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the learned court in seisin over the matter.

9. The I.A. is disposed of.

10. Issue urgent certified copy as per rules.

( S.K.Panigrahi ) Judge sisir