Orissa High Court
Dharmendra Khatua vs State Of Odisha on 14 February, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.87 of 2022
Dharmendra Khatua .... Appellant/
Petitioner
Mr. Amitav Tripathy, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Arupananda Das,
Addl. Government Advocate
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
14.02.2022
01. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard.
Admit.
Call for the trial Court record.
(S.K. Sahoo)
Judge
I.A. No.154 of 2022
02. This is an application under Section 389 of
Cr.P.C. for grant of bail.
Heard.
// 2 //
The appellant-petitioner has been convicted
under sections 451/354-B of the Indian Penal Code
and section 8 of the POCSO Act and sentenced to
undergo R.I. for three years and to pay a fine of
Rs.10,000/- (rupees ten thousand), in default, to
undergo further R.I. for two months for the offence
under section 354-B of the Indian Penal Code, R.I.
for one year and to pay a fine of Rs.1,000/- (rupees
one thousand), in default, to undergo further R.I. for
one month for the offence under section 451 of the
Indian Penal Code and no separate sentence was
awarded under section 8 of the POCSO Act and both
the substantive sentences were directed to run
concurrently by the learned Additional Sessions
Judge -cum- Special Court under POCSO Act,
Nayagarh in T.R. Case No.76 of 2019.
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 substantive
sentence imposed by the learned trial Court against
the petitioner is for three years and there are 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
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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 nature of evidence
adduced by the prosecution during trial, the sentence
imposed by the learned trial Court, the fact that the
petitioner was on bail during trial and there is no
allegation of misutilization of his liberty while on bail
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 on surrendering 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.
Accordingly, the I.A. is disposed of.
(S.K. Sahoo)
Judge
I.A. No.153 of 2022
03. Heard.
There shall be stay of realization of fine amount
imposed by the learned trial Court on the appellant-
// 4 //
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
RKM
