Bhaba @ Bhabagrahi Das vs State Of Odisha
2022 Latest Caselaw 4939 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.190 of 2022

              Bhaba @ Bhabagrahi Das               ....      Appellant

                                  Mr. S.R. Mohapatra, 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.372 of 2022

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

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

This is an application for bail.

The appellant-petitioner has been convicted under sections 376 (2)(i) and 376(2)(n) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo R.I. for a period of one year for the offence under section 376(2)(i) as well as for the offence punishable under section 376(2)(n) of the Indian Penal Code and both the substantive sentences were directed to run concurrently // 2 //

by the learned Addl. Sessions Judge -cum- Special Judge, Balasore vide judgment and order 26.02.2022 passed in Special Case No.535 of 2016 (Trial No.09 of 2018).

Perused the evidence of the victim (P.W.10), who was aged about ten years at the time of occurrence. According to her evidence, she was working in the house of the petitioner and staying there and the petitioner committed rape on her on five occasions.

Learned counsel for the appellant/petitioner submitted that the medical examination report of the victim does not indicate any bodily injury on her person suggesting forcible sexual intercourse and there is no sign and symptom of recent sexual intercourse and the petitioner is aged about seventy one years and he has remained in custody since 07.09.2017 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 made by the learned counsel for the respective parties, the nature and gravity of the accusation against the petitioner and the age of the victim at the time of occurrence, while not inclining to release the petitioner on bail on merit at this stage, liberty is granted to him to renew his prayer for bail if the appeal is not taken up for

// 3 //

hearing by 2024.

The I.A. is accordingly disposed of.

                                     ( S.K. Sahoo)
                                         Judge
                        I.A. No.373 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