Sunaram Soren vs State Of Odisha
2021 Latest Caselaw 699 Ori

                               CRLA No.472 of 2018




                                    I.A. No.1157 of 2018

                   Sunaram Soren                           ...       Appellant/
                                                                   Petitioner

                                                        -Versus-

                   State of Odisha                         ...     Respondent/
                                                                   Opp. party

07.   21.01.2021         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 6 of the POCSO Act and section
                   376(2)(i) of the Indian Penal Code and sentenced to
                   undergo R.I. for ten years and to pay a fine of
                   Rs.15,000/- (rupees fifteen thousand), in default, to
                   undergo R.I. for six months for the offence under
                   section 6 of the POCSO Act. Even if the convict has
                   also been found guilty for commission of the offence
                   under section 376(2)(i) of the Indian Penal Code but
                   no separate sentence as prescribed under the section
                   is awarded inasmuchas the punishment under section
                   376(2)(i) of the Indian Penal Code and section 6 of the
                   POCSO Act, is equal in degree by the learned 1st
                   Additional Sessions Judge -cum- Presiding Officer,
                   Children's Court, Mayurbhanj, Baripada in G.R. Case
 No.78 of 2013 (T.C. No.198 of 2016).
      Perused the impugned judgment.
      Learned counsel for the petitioner submitted that
the appellant is in judicial custody since 30.12.2013
and therefore, out of substantive sentence of ten years
imposed by the learned trial Court, he has already
undergone substantive sentence of more than seven
years. It is further submitted that there is no chance of
early hearing of appeal in the near future and there are
good chances of success in the appeal 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 the victim (P.W.4)
and the doctor (P.W.8).
      Considering the submissions of learned counsel
for the respective parties, the substantive sentence
imposed by the learned trial Court and the period
already undergone by the appellant in judicial custody
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 I.A. is disposed of.
         Urgent certified copy of this order be granted on
    proper application.


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

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