Bangali Mallick vs State Of Odisha
2021 Latest Caselaw 12777 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.184 of 2021

              Bangali Mallick                        ....
                                                      Appellant/
                                                       Petitioner
                                  Mr. G.N. Mishra, Advocate

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

                                  Mr. D.K. Pani,
                                  Addl. Standing Counsel

                                     CORAM:

                              JUSTICE S.K. SAHOO
                                   ORDER

Order No.                         13.12.2021
                               I.A. No.361 of 2021

   03.           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 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 further undergo R.I. for three months by the learned Additional Sessions Judge -cum- Special Judge, // 2 //

Kendrapara in G.R. Case No.986 of 2016.

It is a case where the grand father has committed rape on his granddaughter and the victim was a student of Class-I and aged about six years at the time of occurrence. The victim has supported the prosecution case and stated how the petitioner committed rape on her taking her inside a half constructed building by giving her chocolates. The medical evidence adduced by P.W.14 indicates about the laceration with redness and bleeding around the inner aspect of the labia minora on the genital examination of the victim. Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 04.06.2016 and therefore, out of ten years of substantive imprisonment imposed by the learned trial Court, the petitioner has already undergone substantive sentence of five years and six months and there is no chance of early hearing of the appeal in near future.

Since it is a case of the year 2021 but after hearing the learned counsel for the State, going through the impugned judgment and particularly the evidence of the victim P.W.1 as well as the doctor P.W.14 and the manner in which the crime has been committed, at this stage, I am not inclined to release the petitioner on bail.

The prayer for bail stands rejected.

// 3 //

The petitioner is at liberty to renew the prayer for bail if the appeal is not taken up for hearing by 2022. In the meantime, office shall prepare the paper book and add it to the hearing list.

Accordingly, the I.A. is disposed of.

( S.K. Sahoo) Judge

I.A. No.360 of 2021

06. 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.

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

( S.K. Sahoo) Judge P