Mitu @ Balaram Nayak vs State Of Odisha
2021 Latest Caselaw 1371 Ori

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                               CRLA No.611 of 2018




                                      I.A. No. 921 of 2019

                    Mitu @ Balaram Nayak                    ...      Appellant

                                                         -VERSUS-

                    State of Odisha                         ...    Respondent


06.   04.02.2021         The     matter     is   taken     up     through   video
                   conferencing.

                         This is an application for bail.

                         Heard     Mr.Dharanidhar    Nayak,       learned   Senior
                   Advocate appearing for the petitioner and learned
                   counsel for the State.

                         The appellant-petitioner has been convicted under
                   sections 363 and 506 of the Indian Penal Code and
                   section 17 of 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 undergo further
                   R.I. for a period of      one year for the offence under
                   section 363 of the Indian Penal Code, sentenced to
                   undergo R.I. for a period of five years and to pay a fine
                   of Rs.6,000/- (six thousand) in default, to undergo R.I.
                   for a period of one year for the offence under section
                   506 of the Indian Penal Code and to undergo R.I. for
                   seven years and to pay a fine of Rs.6,000/- (rupees six
                   thousand), in default, to undergo further R.I. for a
                   period of   one half years more for the offence under
                   section 17 of the POCSO Act and the substantive
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sentences were directed to run concurrently by the
learned Additional Sessions Judge -cum- Special Judge,
Phulbani in S.T. Case No. 174 of 2013.

      Learned counsel for the petitioner submitted that
the petitioner was on bail during trial and he never
misutilized his liberty and after pronouncement of the
impugned    judgment    and   order   of   conviction,   the
petitioner is in judicial custody since 14.08.2018. He
further submitted that though the petitioner has been
convicted under section 17 of POCSO Act, but there is no
clinching material on record that the petitioner abetted
any offence, which was committed by the other co-
accused persons, rather the evidence of the victim
indicates that the petitioner got down from the motor
cycle near the spot godown room and thereafter, he went
away from the place of incident. He further contended
that in view of the available materials on record and
since there is no chance of early hearing of the appeal in
the near future and balance of convenience lies in favour
of the petitioner, therefore, the bail application of the
petitioner may be favouraly considered.
      Learned counsel for the State, on the other hand,
opposed the prayer for bail and placed the statement of
the victim, who was examined as P.W. 1 and the doctor
as P.W.6, who examined the victim and stated that there
was no recent sexual intercourse and there was no injury
on her person or in or around her private parts.
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                  Considering the submissions made by the learned
          counsel for the respective parties, the nature of
          evidence adduced during trial against the petitioner, the
          period of detention of the petitioner in judicial custody
          and since the petitioner was on bail during trial and
          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 solvent
          sureties each for the like amount to the satisfaction of
          the learned trial Court.

                  The I.A. is accordingly disposed of.



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

PKSahoo