Orissa High Court
Prasanta Kushal vs State Of Odisha on 9 May, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 311 of 2022
Prasanta Kushal .... Appellant/
Petitioner
Mr. J. Sahu, 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.646 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 341/354/354-A/506 of the Indian Penal Code
and section 7 of the POCSO Act which is punishable
under section 8 of the POCSO Act and sentenced to
undergo S.I. for ten days for the offence under section
341 of the Indian Penal Code, R.I. for three years and to
pay a fine of Rs.20,000/- (rupees twenty thousand), in
default, to further undergo R.I. for two months for the
offence under section 354 of the Indian Penal Code, R.I.
for one year for the offence under section 506 of the
Indian Penal Code and R.I. for three years and to pay a
fine of Rs.25,000/- (rupees twenty five thousand), in
default, to further undergo R.I. for three months for the
offence under section 7 of the POCSO Act which is
punishable under section 8 of the POCSO Act and all the
substantive sentences were directed to run concurrently
by the learned Adhoc Additional Sessions Judge, Fast
Track Special Court (POCSO), Balangir in Special G.R.
Case No.41 of 2020 (T.R. No.40 of 2021).
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 after conviction, he has also been
released on interim bail by the learned trial Court and
there are good chances of success in the appeal and there
is no chance of early hearing of appeal in the near future
// 3 //
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 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.647 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
