Orissa High Court
Jitendra Biswal vs State Of Odisha on 9 May, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 329 of 2022
Jitendra Biswal .... Appellant/
Petitioner
Mr. P.K. Mishra, Advocate
-versus-
State of Odisha .... Respondent/
Opp.Party
Mr. D.K. Pani,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 09.05.2022
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.674 of 2022
02. This is an application under Section 389 of Cr.P.C.
for grant of bail.
Heard.
The appellant-petitioner has been convicted under
sections 341/323/354-B of the Indian Penal Code read
with section 8 of the POCSO Act and sentenced to
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undergo R.I. for a period of four years and to pay a fine
of Rs.10,000/- (rupees ten thousand), in default, to
undergo further R.I. for a period of two months for the
offence under section 354-B of the Indian Penal Code,
R.I. for a period of one year and to pay a fine of
Rs.1,000/- (rupees one thousand), in default, to undergo
further R.I. for a period of one month for the offence
under section 323 of the Indian Penal Code, S.I. for a
period of one month for the offence under section 341 of
the Indian Penal Code and R.I. for a period of three years
and to pay a fine of Rs.5,000/- (rupees five thousand), in
default, to undergo further R.I. for a period of one month
for the offence under section 8 of the POCSO Act and all
the substantive sentences were directed to run
concurrently by the learned Additional Sessions Judge -
cum- Children's Court, Sonepur in Special G.R. Case
No.06 of 2017.
Perused the impugned judgment.
Learned counsel for the petitioner submitted that the
petitioner was in custody for three months when he was
taken into custody during course of investigation of the
case and thereafter, he was released on bail and he has
never misutilised his liberty and after conviction, he was
taken into custody 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.
// 3 //
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
during the trial, 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, 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 subject to conditions that the
petitioner shall not try to come in contact with the victim
and he shall not indulge in any criminal activities in any
manner.
Violation of any terms and conditions shall entail
cancellation of bail.
Accordingly, the I.A. is disposed of.
( S.K. Sahoo)
Judge
I.A. No.675 of 2022
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.
// 4 //
The I.A. is disposed of.
Urgent certified copy of this order be granted as per
rules.
( S.K. Sahoo)
Judge
RKM
