Ranjeet Kumar Sahu @ vs Unknown
2022 Latest Caselaw 2884 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.654 of 2019

              Ranjeet Kumar Sahu @             ....   Appellant/
              Ranjan                                Petitioner

                                 Mr.P.S. Nayak, Advocate

                                    -versus-
                                                    Respondent/
              State of Odisha                  ....   Opp.Party


                                 Mrs. Susamarani Sahoo,
                                 Addl. Government Advocate

                                  CORAM:
                             JUSTICE S.K. SAHOO

                                   ORDER

Order No.                        27.06.2022

                             I.A. No. 1476 of 2019

10. This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

This is an application for bail.

The appellant-petitioner has been convicted under sections 376(1) and 506 of the Indian Penal and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.5,000/- (rupees five thousand) and in default, to undergo rigorous imprisonment for a further period of six months for the offence under section 376(1) of the Indian Penal Code and to undergo R.I. for a period of // 2 //

six months and to pay a fine of Rs.1000/- (rupees one thousand), in default, to undergo R.I. for one month for the offence under section 506 of the Indian Penal Code and both the sentences were directed to run concurrently by the learned Sessions Judge, Dhenkanal vide judgment and order dated 30th April 2019 in C.T.(Ss) Case No. 31 of 2015.

Learned counsel for the petitioner submitted that in pursuance of the order dated 07.02.2022, the petitioner has filed an affidavit wherein it is indicated that that he is ready and willing to pay a sum of Rs.2,000/- (rupees two thousand) per month towards the maintenance of the child of the victim after two months of his release on bail. Learned counsel further submitted that the petitioner was initially taken into judicial custody on 13.01.2015 and he was directed to be released on bail on 12.11.2015 and after pronouncement of the impugned judgment on 30.04.2019, he has remained in judicial custody and therefore, out of seven years of substantive imprisonment imposed by the learned trial Court, the petitioner has already remained in custody for four years. It is further submitted that the petitioner has got a fair chance of success in the appeal and balance of convenience lies in his favour and therefore, the bail application of the petitioner may be favouraly considered.

Learned counsel for the State, on the other hand, opposed the prayer for bail.

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Considering the submissions made by the learned counsel for the respective parties, the substantive sentence imposed by the learned trial Court, the period of sentence already undergone by the petitioner and absence of any chance of early hearing of the appeal in the near future and taking into account the willingness of the petitioner to pay a sum of Rs.2,000/- (rupees two thousand) per month towards the maintenance of the child of the victim, I am inclined to release the petitioner on bail.

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 with such terms and conditions as the learned Court may deem just and proper including the conditions that the petitioner shall deposit a sum of Rs.2,000/- (rupees two thousand) per month towards the maintenance of the child of the victim within first week of every month before the learned trial Court and the first installment shall start from August 2022 and he shall continue to deposit such amount till disposal of the appeal. On deposit of such amount, the learned trial Court shall immediately call the victim through the Inspector in-charge of Rasol police station and handover the entire amount to her for the maintenance of the child. If the petitioner fails to

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deposit any of the monthly installment dues for the child, the learned trial Court is free to take action against the petitioner for cancellation of bail. Violation of any of the conditions shall entail cancellation of bail.

The I.A. is disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge I.A. No. 1475 of 2020

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

Heard.

There shall be stay of realization of fine amount imposed on the appellant-petitioner pursuant to the order dated 30.04.2019 passed by the learned Sessions Judge, Dhenkanal in in C.T.(Ss) Case No. 31 of 2015 pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue certified copy as per rules.

Let a free copy of the order be handed over to the learned counsel for the State for onward communication to the Inspector in-charge of Rasol Police Station.

( S.K. Sahoo) PKSahoo Judge

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