Sanji @ Sanjay Behera vs State Of Odisha
2021 Latest Caselaw 1369 Ori

                                 CRLA No.649 of 2017
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                                        I.A. No.200 of 2019

                    Sanji @ Sanjay Behera                      ...       Appellant/
                                                                       Petitioner

                                                            -Versus-

                    State of Odisha                            ...     Respondent/
                                                                       Opp. party

07.   04.02.2021           The      matter     is   taken    up      through   Video
                   Conferencing.
                           This is an application under Section 389 Cr.P.C. for
                   grant of bail.
                           Heard.
                           The appellant-petitioner has been convicted under
                   section 376(2)(n) of the Indian Penal Code and section 6
                   of the POCSO Act read with section 5(1) of the POCSO
                   Act and sentenced to undergo R.I. for ten years and to
                   pay a fine of Rs.5,000/- (rupees five thousand), in
                   default, to undergo S.I. for six months for the offence
                   under section 376(2)(n) of the Indian Penal Code and no
                   separate punishment is awarded under section 6 of the
                   POCSO Act read with section 5(1) of the POCSO Act in
                   view of section 42 of the POCSO Act by the learned
                   Additional       Sessions    Judge   -cum-        Special   Judge,
                   Children's Court, Deogarh in T.R. No.30 of 2015/22 of
                   2016.
                           Perused the impugned judgment.
                           Learned counsel for the petitioner submitted that
                   the petitioner is in judicial custody since 12.07.2015 and
                   out of ten years of substantive sentence imposed by the
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      learned trial Court, the petitioner has already undergone
      five and half years of the substantive sentence and there
      is no chance of early hearing of appeal in the near future
      and 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 opposed the prayer
      for bail and placed the evidence of the victim (P.W.4) and
      the doctor (P.W.16).
            Considering the submissions of learned counsel for
      the respective parties, the nature of evidence adduced by
      the prosecution during trial, 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, the
      prayer for bail is allowed.
            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 trial Court.
            The Misc. Case is disposed of.
            Urgent certified copy of this order be granted as
      per rules.


                                            .............................
RKM
                                             S.K. Sahoo, J.