Anju @ Anuchacko vs State Of Odisha
2021 Latest Caselaw 11109 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No. 568 of 2021


                Anju @ Anuchacko                     ....         Appellant/
                                                                 Petitioner

                                      Mr.Patitapaban Panda,
                                      Advocate
                                  -versus-
                State of Odisha            .... Respondent/
                                                    Opp. Party
                                     Mr. J.P. Patra,
                                     Addl. Standing Counsel
                                CORAM:

                            JUSTICE S.K. SAHOO
                                          ORDER

Order No. 29.10.2021

I.A. No. 1024 of 2021

02. The matter is taken up through Video Conferencing.

This is an application under section 389 of Cr.P.C. for grant of bail.

Heard learned counsel for the appellant- petitioner and learned Counsel for the State.

The appellant-petitioner has been convicted under section 12 of the POCSO Act and sections 354(A)/354(D) of the Indian Penal Code and // 2 //

sentenced to undergo R.I. for a period of three years and to pay a fine of Rs.1,000/- (rupees one thousand), in default, to undergo further R.I. for a period of six months for the offence under section 12 of the POCSO Act and no separate punishment is imposed under sections 354(A)/354(D) of the Indian Penal Code in view of section 42 of the POCSO Act by the learned Addl. Sessions Judge -cum- Presiding Officer, Special Court (POCSO), Sundargarh in Special G.R. Case No. 79 of 2018.

Perused the impugned judgment. Learned counsel for the petitioner submitted that the petitioner was on bail during trial and he has never misutilised his liberty and the petitioner has good chances of success in the appeal and there is no chance of early hearing of appeal in the near future 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.

Considering the submissions of learned counsel for the respective parties, the period of sentence imposed on the petitioner by the learned trial Court and the fact that the petitioner was on bail during trial and absence of any chance of early hearing of the

// 3 //

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.

( S.K. Sahoo) Judge I.A. No. 1025 of 2021

03. 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 on proper application.

( S.K. Sahoo) Judge P