Rabi @ Suryakanta Das vs State Of Odisha
2022 Latest Caselaw 2513 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No. 277 of 2022

              1. Rabi @ Suryakanta Das           ....     Appellants/
              2. Tulu @ Suresh Behera                   Petitioners

                                  Mr. S. Sutar, 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.571 of 2022

02. This is an application under Section 389 of Cr.P.C.

for grant of bail.

Heard.

The appellants-petitioners have been convicted // 2 //

under section 354-A/34 of the Indian Penal Code and section 8 of the POCSO Act and sentenced to undergo R.I. for three years each and to pay a fine of Rs.5,000/- (rupees five thousand) each, in default, to further undergo R.I. for six months for the offence under section 354-A of the Indian Penal Code and R.I. for four years each and to pay a fine of Rs.5,000/- (rupees five thousand) each, in default, to further undergo R.I. for six months more each for the offence under section 8 of the POCSO Act and both the substantive sentences were directed to run concurrently by the learned Adhoc Additional Sessions Judge, FTSC, Kendrapara in G.R. Case No.69 of 2019.

Perused the impugned judgment. Considering the submission made by the learned counsel for the petitioner that the substantive sentence imposed by the learned trial Court against the petitioners are four years and out of which, the petitioners have already undergone substantive sentence of two years and seven months, which would be evident from the cause title of the judgment and there is no chance of early hearing of appeal in the near future and on hearing the learned counsel for the State, I am inclined to release the petitioners on bail.

Let the appellants-petitioners be released on bail pending disposal of the appeal on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) each with two local solvent sureties each for the like amount to the

// 3 //

satisfaction of the learned trial Court.

Accordingly, the I.A. is disposed of.

( S.K. Sahoo) Judge

I.A. No.570 of 2022

03. Heard.

There shall be stay of realization of fine amount imposed by the learned trial Court on the appellants- petitioners till disposal of the criminal appeal.

The I.A. is disposed of.

Urgent certified copy of this order be granted as per rules.

( S.K. Sahoo) Judge RKM