Orissa High Court
Prasanta Behera vs State Of Odisha on 4 February, 2021
CRLA No.144 of 2019
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I.A. No.440 of 2019
Prasanta Behera ... Appellant/
Petitioner
-Versus-
State of Odisha ... Respondent/
Opp. party
06. 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(1) of the Indian Penal Code and
sentenced to suffer R.I. for ten years and to pay a fine
of Rs.10,000/- (rupees ten thousand), in default, to
further suffer R.I. for one year for the offence under
section 376(1) of the Indian Penal Code by the learned
Special Judge (POCSO), Berhampur in G.R. No.99 of
2016.
Perused the impugned judgment.
Learned counsel for the petitioner submitted that
the petitioner is in judicial custody since 08.11.2016
and though the petitioner faced trial for commission of
offence under sections 376(2)(i)/506 of the Indian
Penal Code and section 6 of the POCSO Act but he has
been acquitted of such offences but convicted for the
offence under section 376(1) of the Indian Penal Code.
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He further submitted that the doctor, who examined
the victim, has not been examined during trial but the
medical examination report of the victim has been
marked as Ext.8 which indicates that there was no sign
and symptom of sexual intercourse and there was no
bodily injury on the person of the victim suggesting
forcible intercourse. He placed the evidence of P.W.7,
the victim and stated that the first information report
was lodged six days after the alleged occurrence. He
further submitted that there are good chances of
success in the appeal 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 P.W.7.
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
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satisfaction of the learned trial Court.
The Misc. Case is disposed of.
.............................
S.K. Sahoo, J.
I.A. No.441 of 2019
07. 04.02.2021 Heard.
There shall be stay of realization of fine amount
imposed by the learned trial Court on the appellants-
petitioners till disposal of the criminal appeal.
The Misc. Case is disposed of.
Urgent certified copy of this order be granted as
per rules.
.............................
S.K. Sahoo, J.
RKM
