Loke @ Lokesh Bhainasal vs State Of Odisha
2021 Latest Caselaw 3198 Ori

                                CRLA No.78 of 2019
                                                                                       1




                                        I.A. No.219 of 2019

                   Loke @ Lokesh Bhainasal                    ...       Appellant/
                                                                      Petitioner

                                                        -Versus-

                   State of Odisha                            ...     Respondent/
                                                                      Opp. party

05.   04.03.2021         This     matter   is   taken    up         through   Hybrid
                   arrangement (video conferencing/physical mode).
                         This is an application under Section 389 of Cr.P.C.
                   for grant of bail.
                         Heard.
                         The appellant-petitioner has been convicted under
                   sections 363/366/376 of the Indian Penal Code read with
                   section 4 of the POCSO Act and sentenced to undergo
                   R.I. for seven years and to pay a fine of Rs.5,000/-
                   (rupees five thousand), in default, to undergo R.I. for
                   three months more for the offence under section 376 of
                   the Indian Penal Code read with section 4 of the POCSO
                   Act, R.I. for five years and to pay a fine of Rs.3,000/-
                   (rupees three thousand), in default, to undergo R.I. for
                   two months more for the offence under section 366 of
                   the Indian Penal Code and R.I. for three years and to pay
                   a fine of Rs.2,000/- (rupees two thousand), in default, to
                   undergo R.I. for one month for the offence under section
                   363 of the Indian Penal Code and all the substantive
                   sentences were directed to run concurrently by the
                   learned Additional Sessions Judge -cum- Special Judge,
                   Nabarangpur in C.T. No.167 of 2013(T).
                                                             2




      Perused the impugned judgment.
      Learned counsel for the petitioner submitted that
out of seven years of substantive sentence imposed by
the learned trial Court, the petitioner has already
undergone half of the substantive sentence and there is
no chance of early hearing of the appeal in the near
future and balance of convenience is in favour of the
petitioner. He further submitted that the materials
available on record indicate that the victim had attended
the age of discretion and she moved with the petitioner
from place to place and never raised any objection and
therefore, the ingredients of the offence of kidnapping
are not attracted. He further submitted that there is no
medical evidence to corroborate the commission of rape
on the victim and therefore, the bail application of the
petitioner may be favourably considered.
      Learned counsel for the State, on the other hand,
placed the statement of the victim who has been
examined as P.W.7 as well as the doctor (P.W.3).
      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
                                                                                    3




                   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.218 of 2019

06. 04.03.2021 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 I.A. is disposed of.

Urgent certified copy of this order be granted as per rules.

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

RKM