Dandua Behera vs State Of Odisha
2021 Latest Caselaw 1378 Ori

                                 CRLA No.104 of 2017
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                                   Misc. Case No.278 of 2017

                    Dandua Behera                              ...       Appellant/
                                                                       Petitioner

                                                           -Versus-

                    State of Odisha                            ...     Respondent/
                                                                       Opp. party

09.   04.02.2021         The      matter     is    taken      up     through    Video
                   Conferencing.
                         This is an application under Section 389 of Cr.P.C.
                   for grant of bail.
                         Heard.
                         The appellant-petitioner has been convicted under
                   section 377 of the Indian Penal Code and section 4 of the
                   POCSO Act and sentenced to undergo R.I. for five years
                   and to pay a fine of Rs.10,000/- (rupees ten thousand),
                   in default, to suffer further R.I. for six months for the
                   offence under section 377 of the Indian Penal Code and
                   R.I. for seven years and to pay a fine of Rs.10,000/-
                   (rupees ten thousand), in default, to suffer R.I. for six
                   months for the offence under section 4 of the POCSO Act
                   and both the substantive sentences were directed to run
                   concurrently by the learned Additional Sessions Judge -
                   cum- Special Judge, Boudh in Special Case No.26 of
                   2014(T).
                         Perused the impugned judgment.
                         Learned counsel for the petitioner submitted that
                   the petitioner was on bail during trial and he has never
                   misutilised    his   liberty   and   out   of     seven   years   of
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substantive sentence imposed by the learned trial Court,
he has already undergone four years of substantive
sentence. 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, on the other hand,
opposed the prayer for bail and placed the evidence of
the victim (P.W.2) and the doctor (P.W.10).
      Considering the submissions of learned counsel for
the respective parties, the nature of evidence adduced by
the prosecution during trial, the sentence imposed by the
learned trial Court, the period already undergone by the
petitioner, the fact that the petitioner was on bail during
trial and there is no allegation of misutilization of his
liberty while on bail 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.



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

Misc. Case No.279 of 2017

10. 04.02.2021 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 Misc. Case is disposed of. Urgent certified copy of this order be granted as per rules.

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

RKM