Pahala @ Prahallad Swain vs State Of Odisha
2021 Latest Caselaw 11014 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLA No. 574 of 2021

              Pahala @ Prahallad Swain         ....        Appellant

                                 Mr.Amitav Tripathy, Advocate

                                       -versus-

              State of Odisha                  ....            Respondent


                                 Mr. J.P. Patra,
                                 Addl. Standing Counsel

                                 CORAM:
                             JUSTICE S.K. SAHOO
                                  ORDER

Order No.                       27.10.2021

                             CRLA No. 574 of 2021

01. This matter is taken up through Hybrid arrangement (video conferencing/physical Mode).

Heard.

Admit.

Call for the trial Court records.

( S.K. Sahoo) Judge

I.A. No. 1027 of 2021

02. This is an application for grant of bail.

Heard learned counsel for the appellant-petitioner // 2 //

and learned counsel for the State.

The appellant-petitioner has been convicted under section 8 of the Protection of Children from Sexual Offences Act, 2012 and section 341 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of three years and fine of Rs.5,000/- (five thousand) in default to suffer R.I. for one month more for the offence under section 8 of the Protection of Children from Sexual Offences Act, 2012 and simple imprisonment for one month for the offence under section 341 of the Indian Penal Code and both the substantive sentences were directed to run concurrently by the learned Ad-hoc Addl. Sessions Judge(F.T.S.C.), Nayagarh vide judgment and order dated 29th September 2021 in T.R. No. 1/5 of 2021/2015.

Learned counsel for the petitioner submitted that the petitioner was on bail during trial and he never misutilized the liberty granted to him.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced by the prosecution during trial and the sentence imposed by the learned trial Court and absence of chance of early hearing of the appeal in the near future, I am inclined to release the petitioner on bail.

Let the appellant-petitioner be released on bail

// 3 //

pending disposal of the appeal on furnishing bail bond of Rs.50,000/- (rupees fifty 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) Judge

I.A. No. 1028 of 2021

03. This is an application for stay of realization of fine.

Heard.

Considering the submissions made by the learned counsel for the parties, let there be stay of realization of fine amount imposed on the appellant-petitioner pursuant to the judgment and order dated 29th September 2021 passed by the learned Ad-hoc Addl. Sessions Judge(F.T.S.C.), Nayagarh in T.R. No. 1/5 of 2021/2015 pending disposal of the criminal appeal. The I.A. is disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo