Orissa High Court
Kunja Bihari vs State Of Odisha on 12 August, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.282 of 2017
Kunja Bihari .... Appellant/petitioner
Kathua
Mr. J. Sahoo, Advocate
-versus-
State of Odisha .... Respondent/Opp.party
Mr.D.K. Pani,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 12.08.2021
Misc. Case No.751 of 2017
10. This matter is taken up through Hybrid
Arrangement (Video Conferencing/Physical Mode).
Heard learned counsel for the appellant and
learned counsel for the State.
This is an application for bail.
The appellant-petitioner Kunja Bihari Kathua has
been convicted under sections 376/506 of the Indian
Penal Code and section 6 of the POCSO Act and
sentenced to undergo rigorous imprisonment for a
period of ten years and to pay a fine of Rs.10,000/-
// 2 //
(ten thousand), in default to undergo rigorous
imprisonment for a further period of six months for the
offence under section 6 of the POCSO Act, 2012. He is
further sentenced to undergo rigorous imprisonment
for one year and to pay a fine of Rs.1,000/-(rupees
one thousand only), in default, to undergo R.I. for
further period of three months for the offence under
section 506 of the Indian Penal Code and no separate
punishment is awarded under section 376 of the
Indian Penal Code in view of section 42 of the POCSO
Act and the substantive sentences were directed to
run concurrently by the learned Special Judge -cum-
2nd Additional Sessions Judge, Berhampur vide
judgment and order dated 06.02.2017 in G.R. No.08
of 2014.
Learned counsel for the State on instruction from
Inspector in-Charge of Tarasingh police station dated
22.07.2021 as per earlier order of this Court,
submitted that the victim has married to another
person and she is having a female child aged about
eight years through the petitioner and now the child is
staying in her maternal uncle's house. The letter dated
22.07.2021 of the Inspector in-Charge of Tarasingh
police station furnished by the learned counsel for the
State be kept on record.
Learned counsel for the petitioner submits that
the petitioner was taken to judicial custody on
// 3 //
09.06.2014 and as per order of this Court, he was
released from judicial custody on 04.01.2016 and
again after the pronouncement of the impugned
judgment, he was taken to judicial custody on
06.02.2017 and therefore, he has already undergone
substantive sentence of six years two months out of
ten years of substantive sentence imposed by the
learned trial Court. It is further submitted that there is
no chance of early hearing of the appeal in the near
future and no paper books have been prepared for the
purpose of hearing of the appeal.
Learned counsel for the State opposed the prayer
for bail of the appellant.
Considering the submissions made by the learned
counsel for the respective parties, substantive
sentence imposed on the petitioner, the period already
undergone by the petitioner in judicial custody,
absence of any chance of early hearing of the appeal
in near future, I am inclined to release the petitioner
on bail.
Let the appellant-petitioner be released on bail
pending disposal of the appeal on furnishing bail bond
of Rs.50,000/- (rupees fifty thousand) with two local
solvent sureties each for the like amount to the
satisfaction of the learned Court below on such terms
and conditions with further conditions that the
petitioner shall not indulge in any criminal activities
// 4 //
and shall not try to keep any contact with the victim.
Violation of any terms and conditions shall entail
cancellation of bail.
Inspector in-Charge of Tarasingh police station
shall keep a close vigil over the activities of the
petitioner.
A copy of this order be handed over to the
learned counsel for the State for onwards transmission
to the concerned police station.
The Misc. Case is accordingly disposed of.
( S.K. Sahoo)
Judge
Misc. Case No.750 of 2017
11. This is an application for stay of realization of
fine.
Heard.
There shall be stay of realization of fine amount
imposed by the learned trial Court on the appellant-
petitioner till disposal of the criminal appeal.
The Misc. Case is disposed of.
Jagabandhu Issue certified copy as per rules.
( S.K. Sahoo)
Judge
