Kanhu Bindhani vs State Of Odisha
2023 Latest Caselaw 2655 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.759 of 2021

              Kanhu Bindhani                  ....   Appellant/
                                                   Petitioner

                                 Mr.J. Kamila, Advocate

                                   -versus-

              State of Odisha                 ....   Respondent/
                                                    Opp. Party

                                Mr.Rajesh Tripathy,
                                Addl. Standing Counsel

                                 CORAM:
                            JUSTICE S.K. SAHOO

                                  ORDER

Order No.                       03.04.2023
                            I.A. No. 1384 of 2021
                                         [

06. This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode). This is an application for bail.

The appellant-petitioner has been convicted for the offences under sections 506 of the Indian Penal Code and section 6 of the POCSO Act and sentenced to undergo rigorous imprisonment for a period of one year for the offence under section 506 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of twenty years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to // 2 //

undergo R.I. for one year for the offence under section 6 of the POCSO Act and no separate punishment is imposed under section 376(2)(i) of the Indian Penal Code in view of section 42 of the POCSO Act and all the substantive sentences were directed to run concurrently by the learned Addl. Sessions Judge -cum- Presiding Officer, Special Court (POCSO), Sundargarh vide judgment dated 05.10.2021 in Special G.R. Case No.52 of 2014/T.R. No.158 of 2020.

Learned counsel for the petitioner submitted that the petitioner was taken into judicial custody in connection with this case on 19.08.2014 and except one month interim bail, he was all along in judicial custody and therefore, he has already undergone more than eight years and six months of substantive sentence imposed by the learned trial Court. It is further submitted that the occurrence in question took place on 28.08.2014 and at that point of time, the punishment prescribed for the offence under section 6 of the POCSO Act was minimum ten years and it was extending to imprisonment for life which was amended by POCSO Act 2019 (Act 25 of 2019) w.e.f. 16.08.2019 wherein the minimum punishment was enhanced to twenty years. Learned counsel further submits that there is no criminal antecedent against the petitioner and since there is no likelihood of the appeal being taken up for early hearing, the bail application of the petitioner may be favouraly

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considered.

Learned counsel for the State opposed the prayer for bail and placed the statement of the victim (P.W.12) as well as doctor (P.W.7).

Perused the written instruction dated 05.03.2023 received from the Inspector in-charge of Tangarpali Police Station which indicates that the victim along with her mother and younger brother have left construction colony at Rourkela and staying at their native village since four to five years and that the petitioner has got no criminal antecedent.

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced during trial, the period of substantive sentence imposed by the learned trial Court, the substantive sentence already undergone by the petitioner 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 with further conditions that he shall not indulge in any criminal activities and shall not try to come in contact

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with the victim or any of her family members.

Violation of any of the terms and conditions shall entail cancellation of interim bail.

The I.A. is disposed of.

( S.K. Sahoo) Judge

I.A. No. 1383 of 2021

07. This is an application for stay of realization of fine.

Heard.

There shall be stay of realization of fine amount imposed on the appellant-petitioner by the learned Addl. Sessions Judge -cum- Presiding Officer, Special Court (POCSO), Sundargarh vide judgment dated 05.10.2021 in Special G.R. Case No.52 of 2014/T.R. No.158 of 2020 2014 pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue certified copy as per rules.

( S.K. Sahoo) Judge

Sipun