Orissa High Court
Sanjaya Mohapatra vs State Of Odisha on 8 November, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.320 of 2014
Sanjaya Mohapatra .... Appellant/
Petitioner
Mr. B.K. Nayak, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. R. Tripathy,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 08.11.2021
I.A. No.601 of 2021
32. 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 376(2)(f)/363/324/506 of the Indian
Penal Code and sentenced to undergo R.I. for a period
of ten years and to pay a fine of Rs.30,000/- (rupees
thirty thousand), in default, to undergo R.I. for a
period of six months more for the offence under
section 376(2)(f) of the Indian Penal Code, S.I. for a
period of one year each for the offences under
// 2 //
sections 363/324/506 of the Indian Penal Code and to
pay a fine of Rs.5,000/- (rupees five thousand), in
default, to undergo S.I. for a period of one month
more for the offence under section 363 of the Indian
Penal Code and all the substantive sentences were
directed to run concurrently by the learned Assistant
Sessions Judge (Special Track), Puri in S.T. Case
No.35/112/215 of 2013/2011.
Perused the impugned judgment.
Learned counsel for the appellant-petitioner
submitted that during course of investigation, the
petitioner was taken into judicial custody on
01.02.2011 and as per the order passed by this Court
in BLAPL No.15460 of 2011, he was released from
judicial custody on 30.09.2011 and again after the
pronouncement of the impugned judgment and order
of conviction, the petitioner was taken into judicial
custody on 17.05.2014 and though for some period,
he was released on parole on account of situation
arising out of COVID-19 Pandemic but he has
remained in custody for more than seven years and
six months and though the paper book has been
prepared but there is no chance of early hearing of
appeal in the near future and therefore, the petitioner
may be granted interim bail for some period as while
on bail during trial and while on parole, he has never
misutilized his liberty.
// 3 //
Learned counsel for the State, on the other hand,
submitted that earlier the bail application of the
petitioner has been rejected twice by this Court in
Misc. Case No.1152 of 2017 as per order dated
04.05.2018 and I.A. No.1003 of 2019 as per order
dated 15.11.2019.
Considering the submissions of learned counsel
for the respective parties, the substantive 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 appeal
in the near future, while not inclining to release the
petitioner on bail on merit, but on account of delay
disposal of the appeal, I direct the petitioner to be
released on interim bail for a period of three months
from the date of his release. The petitioner shall
surrender before the learned Court below immediately
on the expiry of the said three months period.
For the aforesaid period, let the appellant-
petitioner be released on interim bail for the aforesaid
period 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 Court in
seisin over the matter with further terms and
conditions as the learned Court may deem just and
proper.
Accordingly, the I.A. is disposed of.
// 4 //
A free copy of this order be handed over to the
learned counsel for the State.
Urgent certified copy of this order be granted on
proper application.
( S.K. Sahoo)
Judge
CRLA No.320 of 2014
33. This matter be added to the hearing list in week
commencing from 14.02.2022.
Learned counsel for the appellant shall file the
surrender certificate of the appellant by the next date.
( S.K. Sahoo)
Judge
RKM
