Orissa High Court
Hutasan Das @ Patra vs State Of Odisha on 7 January, 2021
CRLA No.507 of 2017
HUTASAN DAS @ PATRA ... APPELLANT
-VERSUS-
STATE OF ODISHA ... RESPONDENT
Misc. Case No. 1323 of 2017
19. 07.01.2021 The matter is taken up through Video
Conferencing.
This is an application for bail.
The appellant-petitioner Hutasan Das @ Patra has
been convicted under sections 363, 376(2)(i) of the
Indian Penal Code and section 4 of POCSO Act and
sentenced to undergo rigorous imprisonment for a
period of five years and to pay a fine of Rs.5,000/- (five
thousand) and in default to undergo rigorous
imprisonment for a period of six months for the offence
under section 363 of the Indian Penal Code and to
undergo rigorous imprisonment for a period of ten years
and to pay a fine of Rs.5,000/-, in default, to undergo
rigorous imprisonment for a period of six months for
the offence under section 376(2)(i) of the Indian Penal
Code. Though rigorous imprisonment for seven years
and to pay a fine of Rs.5,000/-, in default, to undergo
rigorous imprisonment for six months for the offence
under section 4 of POCSO Act was imposed, but it was
1
held that greater punishment awarded has to be
undergone under section 376(2)(i) of the Indian Penal
Code. The learned trial Court directed both the
sentences imposed under section 376(2)(i) and section
363 of the Indian Penal Code to run concurrently in
Special Case No. 51/19 of 2016-14 by the learned Addl.
Sessions Judge, Keonjhar.
Learned counsel for the petitioner submitted that
the petitioner is in judicial custody since 03.03.2014 and
therefore, out of the substantive sentence of ten years
imposed on him by the learned trial Court, he has
already undergone more than six and half years of
substantive sentence and there is no chance of early
hearing of the appeal in near future and balance of
convenience is in his favour and therefore, the bail
application 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, who has been examined as P.W.4 and the
doctor, who has been examined as P.W.11.
Considering the submission made by the 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 in judicial custody
and absence of any chance of early hearing of the
2
appeal in near future, I am inclined to release the
petitioner on bail.
Let the appellant-petitioner Hutasan Das @ Patra
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. 1322 of 2017
20. 07.01.2021 This is an application for stay realization of fine.
There shall be stay of realization of fine pursuant
to the impugned judgment and order of conviction dated
22.07.2017 passed by the learned Addl. Sessions Judge,
Keonjhar in Special Case No. 51/19 of 2016-14.
Misc. Case is disposed of.
PKSahoo .............................
S.K. Sahoo, J.
