Orissa High Court
Iswar Chandra Behera vs State Of Odisha on 21 September, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.205 of 2021
Iswar Chandra Behera .... Appellant
Mr. A.K. Sahoo, Advocate
-versus-
State of Odisha .... Respondent
Mr. Arupananda Das,
Addl. Government Advocate
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
21.09.2022
I.A. No.401 of 2021
09. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard the learned counsel for the petitioner and
learned counsel for the State.
The appellant-petitioner has been convicted
under section 6 of the POCSO Act and sentenced to
undergo R.I. for a period of ten years and to pay a
fine of Rs.4,000/- (rupees four thousand), in default,
to undergo R.I. for a period of three months by the
learned Addl. Sessions Judge -cum- Special Judge,
Deogarh in Special G.R. Case No. 57/12 of 2016.
Learned counsel for the petitioner submitted that
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the case which was referred to by the learned counsel
for the State on the last date i.e., Barkote P.S. Case
No. 69 of 2012, the petitioner after facing trial in the
said case has been acquitted and he has produced the
certified copy of the judgment of the learned trial
Court which is taken on record.
Learned counsel for the petitioner further
submitted that the petitioner is in judicial custody
since 18.10.2016 and thus, he has already undergone
substantive sentence of six years, out of ten years
substantive sentence imposed by the learned t
rial Court and there is no chance of early hearing of
appeal in the near future and therefore, the bail
application of the petitioner may be favouraly
considered.
Learned counsel for the State, on the other
hand, opposed the prayer for bail and submitted that
the victim was fourteen years of age at the time of
occurrence and she has supported the prosecution
case being examined as P.W.1.
Considering the submissions made by the
learned counsel for the respective parties, the nature
of evidence available on record, the substantive
sentence imposed by the learned trial Court and the
period already undergone by the petitioner, while not
inclining to release the petitioner on bail on merit, I
am inclined to release him on interim bail for a period
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of three months from the date of release. The
petitioner shall immediately surrender before the
learned Court below on expiry of the said three
months period.
For the above period, let the petitioner be
released on interim bail to the satisfaction of the
learned trial Court in connection with the aforesaid
case 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
Court in seisin over the matter including the
conditions that the petitioner shall not indulge in any
criminal activities. Violation of any of the conditions
shall entail cancellation of bail.
The I.A. is disposed of accordingly.
( S.K. Sahoo)
Judge
I.A. No. 402 of 2022
10. This is an application for stay of realization of
fine.
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.
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Urgent certified copy of this order be granted on
proper application.
( S.K. Sahoo)
Judge
CRLA No.205 of 2021
11. List this matter in the week commencing 4th
January 2023.
Learned counsel for the appellant shall file the
surrender certificate of the appellant by the next date.
( S.K. Sahoo)
Judge
