Suresh Murmu @ Suresh vs State Of Odisha
2022 Latest Caselaw 4937 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLA No.275 of 2022

              Suresh Murmu @ Suresh            ....       Appellant
              @ Dukhiram Murmu

                                Mr. S. Dwibedi, Advocate

                                    -versus-

              State of Odisha                  ....   Respondents


                                Mrs. Susamarani Sahoo,
                                Addl. Standing Counsel

                                 CORAM:
                             JUSTICE S.K. SAHOO
                                  ORDER

Order No. 21.09.2022 I.A. No.566 of 2022

03. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

The appellant-petitioner has been convicted under section 376(2)(i) of the Indian Penal Code read with section 6 of the POCSO Act and sentenced to undergo R.I. for ten years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo R.I. for further period of three months for the offence under section 6 of the POCSO Act and no separate sentence for the offence under section 376(2)(i) of the Indian Penal Code has been imposed in view of section 42 of the POCSO Act by the learned Presiding Officer, Special Court under POCSO Act, Mayurbhanj, Baripada in C.T. Case No.82 of 2015.

Perused the impugned judgment.

// 2 //

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 11.06.2015 and thus out of ten years of substantive sentence, the petitioner has already undergone seven years and three months of substantive sentence and there is no chance of early hearing of the appeal in the near future and balance of convenience is in his favour and therefore, the bail application may be favouraly considered.

Learned counsel for the State, on the other hand, opposed the prayer for bail and placed the evidence of doctor (P.W.10).

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced during trial, the substantive sentence imposed by the learned trial Court, the sentence already undergone by the appellant in judicial custody and absence of any chance of early hearing of the appeal in the near future, 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 of Rs.50,000/- (rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned trial Court with such terms and conditions as the learned Court may deem just and proper.

The I.A. is disposed of.

( S.K. Sahoo) Judge

// 3 //

I.A. No.567 of 2022

04. 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