Nasib Khan vs State Of Odisha
2021 Latest Caselaw 12547 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                               CRLA No.667 of 2018

              Nasib Khan                           ....      Appellant/
                                                            Petitioner

                                     Mr. A. C. Behera, 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.1636 of 2018

07. 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 454/363/376(2)(i) of the Indian Penal Code and section 4 of the POCSO Act and sentenced to undergo R.I. for a period of one year for the offence under section 454 of the Indian Penal Code, R.I. for a period of three years and to pay a fine of Rs.3,000/- (rupees three thousand), in default, to further undergo R.I. for a period of three months for the offence under section 363 of the Indian Penal Code and R.I. for a period of ten years and to pay a // 2 //

fine of Rs.10,000/- (rupees ten thousand), in default, to further undergo R.I. for a period of six months for the offence under section 376(2)(i) of the Indian Penal Code and no separate punishment was awarded under section 4 of the POCSO Act in view of section 42 of the POCSO Act and all the substantive sentences were directed to run concurrently by the learned Additional Sessions Judge - cum- Special Judge, Sonepur in Special G.R. Case No.445 of 2014.

Perused the impugned judgment.

Learned counsel for the appellant-petitioner submitted that the petitioner is in judicial custody since 11.12.2014 and therefore, out of ten years of substantive sentence imposed by the learned trial Court, he has already undergone substantive sentence of more than seven years. He further submitted that no paper book has yet been prepared and there is no chance of early hearing of appeal in the near future and the balance of convenience is in his favour 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 placed the evidence of the victim (P.W.3), who was a minor girl at the time of occurrence so also the doctor (P.W.2), who notices injury on the private part of the victim.

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,

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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 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 Birmaharajpur 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.1635 of 2018

08. Heard.

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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.

A free copy of this order be handed over to the learned counsel for the State.

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

( S.K. Sahoo) Judge

CRLA No.667 of 2018

09. 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.

( S.K. Sahoo) Judge RKM