Arun Majhi vs State Of Odisha
2021 Latest Caselaw 12543 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.814 of 2018

              Arun Majhi                       ....       Appellant/
                                                         Petitioner

                                 Mr. C.R. Sahu, Advocate

                                    -versus-
              State of Odisha                  ....    Respondent/
                                                       Opp. Party

                                 Mr. A.K. Beura,
                                 Addl. Standing Counsel
                                   CORAM:

                              JUSTICE S.K. SAHOO
                                  ORDER

Order No.                        06.12.2021
                              I.A. No.2081 of 2018

06. This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

This is an application under Section 389 of Cr.P.C. for grant of bail.

Heard.

The appellant-petitioner has been convicted under sections 366/376 of the Indian Penal Code and section 6 of the POCSO Act and sentenced to undergo R.I. for a period of five years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to further undergo R.I. for a period of six months for the offence under section 366 of the Indian Penal Code and R.I. for a period of ten years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to further undergo R.I. for a period // 2 //

of one year on each count for the offences under section 376 of the Indian Penal Code and section 6 of the POCSO Act and all the substantive sentences were directed to run concurrently by the learned Additional Sessions Judge

-cum- Special Judge, Bhawanipatna in C.T. Case No.54 of 2013 (POCSO)/T.R. No.173 of 2016.

Perused the impugned judgment.

Learned counsel for the appellant-petitioner submitted that the petitioner is in judicial custody since 23.01.2013 and therefore, out of ten years of substantive sentence imposed by the learned trial Court, he has already undergone substantive sentence of more than eight years and ten months. He further submitted that there is no chance of early hearing of appeal in the near future and the balance of convenience is in favour of the petitioner and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State, on the other hand, opposed the prayer for bail and submitted that the victim was a minor girl and she has stated about the commission of rape on her by the petitioner. He placed the evidence of the victim (P.W.2) so also the doctor (P.W.4).

Considering the submissions of learned counsel for the respective parties, the nature of evidence adduced by the prosecution during trial and the age of the victim, while not inclining to release the petitioner on bail on merit, but taking into account the substantive sentence imposed by the learned trial Court, the period already undergone by the petitioner and absence of any chance of

// 3 //

early hearing of the appeal in the near future, I direct the petitioner to be released on interim bail for a period of three months from the date of his release. The petitioner shall surrender before the learned Court below immediately on the expiry of the said three months period.

For the aforesaid period, let the appellant-petitioner be released on interim bail for the aforesaid period 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 Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper. While on interim bail, the petitioner shall not try to keep any contact with the victim or her family members, he shall not indulge in any criminal activities in any manner and he shall appear before the Inspector in-charge of Kesinga police station once in a week on every Sunday.

Violation of any terms and conditions shall entail cancellation of interim bail.

Accordingly, the I.A. is disposed of.

( S.K. Sahoo) Judge

I.A. No.2080 of 2018

07. 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 I.A. is disposed of.

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Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge

CRLA No.814 of 2018

08. List this matter in the week commencing from 21.03.2022.

Learned counsel for the appellant shall file the surrender certificate of the appellant by the next date.

A free copy of this order be handed over to the learned counsel for the State for communication to Inspector in-charge of Kesinga police station.

( S.K. Sahoo) Judge RKM