Subal @ Subash Singh vs State Of Odisha
2021 Latest Caselaw 263 Ori

                               CRLA No.592 of 2019




                    Subal @ Subash Singh                   ...     Appellant

                                                     -VERSUS-

                    State of Odisha                        ...   Respondent


                                     I.A. No.1327 of 2019

04.   07.01.2021         The    matter    is   taken       up    through     Video
                   Conferencing.
                         This is an application for grant of bail.

                         Heard learned counsel for the appellant and
                   learned counsel for the State.

                         The appellant-petitioner has been convicted under
                   sections 376(2)(i)(j)(l) of the Indian Penal Code and
                   section 6(k) of the POCSO Act and sentenced him to
                   undergo R.I. for ten years and to pay fine of Rs.10,000/-
                   (rupees ten thousand), in default, to undergo R.I. for
                   one year for the offence under section 376(2)(i)(j)(l) of
                   the Indian Penal Code, to undergo R.I. for ten years and
                   to pay fine of Rs.10,000/- (rupees ten thousand), in
                   default, to undergo R.I. for one year for the offence
                   under section 6(k) of the POCSO Act and the substantive
                   sentences were directed to run concurrently by the
                   learned Additional Sessions Judge -cum- Judge, Special
                   Court (P), Dhenkanal in C.T.(Special) POCSO Case No.06
                   of 2016.

                         Perused the impugned judgment.

                         Learned    counsel    for   the     petitioner-appellant
                   submitted that the appellant is in judicial custody since
 20.01.2016 and there are chances of success in the
appeal and balance of convenience is in his favour.
Learned counsel for the petitioner-appellant further
submitted that the victim refused for her medical
examination and accordingly P.W.17 mentioned the said
fact in his report. Learned counsel further submits that
though it is the prosecution case that the victim is a
major departed girl but no documentary evidence is
available to that effect and therefore, the bail application
may be favourably considered.

       Learned counsel for the State while not disputing
that the victim refused for her medical examination
placed the evidence of the victim who has been
examined as P.W.1, her father examined as (P.W.2) and
her mother examined as (P.W.3).

       Considering the submissions made by the learned
counsel for the respective parties, the nature of evidence
available on record, the period of detention of the
petitioner in judicial custody, absence of any chance of
early hearing of appeal in the near future, I am inclined
to release the appellant on bail.

       Let the appellant-petitioner be released on bail
pending disposal of the appeal on furnishing personal
bond      of    Rs.20,000/- (rupees        twenty thousand)
with two solvent sureties each for the like amount to the
satisfaction of the learned trial Court.
                         The I.A. is disposed of.


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

I.A. No.1328 of 2019

05. 07.01.2021 Heard.

There shall be stay of realization of fine amount imposed by the learned trial Court on the appellant- petitioner pending disposal of the criminal appeal. The I.A. is disposed of.

Issue certified copy as per rules.

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

Sisir