Orissa High Court
Sadama @ Sukardhan vs State Of Odisha on 16 May, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.652 of 2021
Sadama @ Sukardhan .... Appellant/
Sikha Petitioner
Mr. T.K. Mishra, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. J.P. Patra,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
16.05.2022
I.A. No.1173 of 2021
04. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard.
The appellant-petitioner has been convicted
under sections 342/354-A/354-B of the Indian Penal
Code read with section 8 of the POCSO Act and
sentenced to undergo R.I. for six months and to pay
a fine of Rs.500/- (rupees five hundred), in default,
to undergo further R.I. for one month for the offence
under section 342 of the Indian Penal Code, R.I. for
two years and to pay a fine of Rs.3,000/- (rupees
three thousand), in default, to undergo further R.I.
// 2 //
for two months for the offence under section 354-A of
the Indian Penal Code, R.I. for five years and to pay a
fine of Rs.5,000/- (rupees five thousand), in default,
to undergo further R.I. for four months for the
offence under section 354-B of the Indian Penal Code
and R.I. for three years and to pay a fine of
Rs.4,000/- (rupees four thousand), in default, to
undergo further R.I. for five months 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- Presiding Officer, under POCSO Act, Rayagada
in T.R. Case No.05 of 2019.
Perused the impugned judgment.
Considering the submission made by the learned
counsel for the petitioner that the petitioner was on
bail during trial and he has never misutilised his
liberty and after conviction, he has remained in
judicial custody and there is no chance of early
hearing of appeal in the near future and taking into
account the substantive sentence imposed by the
learned trial Court and after going through the
evidence of the victim (P.W.2) and the doctor
(P.W.13) and on hearing the learned counsel for the
State, 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
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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.1174 of 2021
05. 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.
The I.A. is disposed of.
Urgent certified copy of this order be granted as
per rules.
( S.K. Sahoo)
Judge
RKM
