Sk. Akhtar Hossain @ Kalu vs State Of Odisha
2022 Latest Caselaw 4354 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.681 of 2022

              Sk. Akhtar Hossain @ Kalu ....                Appellant/
                                                         Petitioner

                                  Md. Gulam Madani, Advocate

                                       -versus-
              1. State of Odisha                   .... Respondents/
              2. Sobeda Khatun                        Opp. Parties

                                  Mr. Arupananda Das,
                                  Addl. Government Advocate
                                   CORAM:

                             JUSTICE S.K. SAHOO

                                     ORDER

Order No. 05.09.2022

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.1299 of 2022

02. This is an application under section 389 of Cr.P.C. for grant of bail.

// 2 //

Heard.

The appellant-petitioner has been convicted under section 8 of the POCSO Act and sentenced to undergo R.I. for three years and to pay a fine of Rs.3,000/- (rupees three thousand), in default, to undergo R.I. for a period of three months by the learned Ad-hoc Additional Sessions Judge, FTSC, Bhadrak in Special (POCSO) Case No.101/46 of 2013/2014.

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 there is no chance of early hearing of appeal in the near future and the 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 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.

// 3 //

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 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.

The I.A. is disposed of.

(S.K. Sahoo) Judge

I.A. No.1300 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.

The I.A. is disposed of.

Urgent certified copy of this order be granted on proper application.

(S.K. Sahoo) Judge