Orissa High Court
Santosh Kumar Behera vs State Of Odisha & Another on 3 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.526 of 2022
Santosh Kumar Behera .... Appellant/
Petitioner
Mr.M.S. Behera, Advocate
-versus-
State of Odisha & another .... Respondents/
Opp. Parties
Mrs.Susamarani Sahoo,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 03.04.2023
I.A. No.1013 of 2022
08. 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 376(2)(i)(n)/506 of the Indian
Penal Code and sentenced to undergo R.I. for a period
of fifteen years and to pay a fine of Rs.20,000/- (rupees
twenty thousand), in default, to undergo further R.I. for
six months for the offence under section 376(2)(i)(n) of
the Indian Penal Code and to undergo R.I. for a period
of one year 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 506 of the
// 2 //
Indian Penal Code and no separate sentence under the
POCSO Act was awarded and all the substantive
sentences were directed to run consecutively by the
learned Ad-hoc Addl. Sessions Judge, (F.T.S.C.),
Jeypore, Koraput in T.R. Case No.12 of 2016/T.R.
No.26 of 2021.
Learned counsel for the petitioner submitted that
the petitioner was on bail during trial and he has never
misutilized the liberty. Learned counsel further submitted
that there is no criminal antecedent against the
petitioner and since there is no likelihood of the appeal
being taken up for early hearing and the balance of
convenience lies in favour of the petitioner, the bail
application may be favouraly considered.
Learned counsel for the State opposed the prayer
for bail and placed the statement of the victim (P.W.1) as
well as doctor (P.W.3).
Perused the written instruction dated 02.04.2023
received from the Officer in-charge of Machkund Police
Station which indicates that the victim has already
married and she is having a female child and there is no
criminal antecedent against the petitioner. The
instruction is taken on record.
Considering the submissions made by the learned
counsel for the respective parties, the nature of
evidence adduced during trial, the petitioner was on bail
during trial, the substantive sentence already
undergone by the petitioner in judicial custody and
// 3 //
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
I.A. No. 1014 of 2022
09. 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 Ad-
hoc Addl. Sessions Judge, (F.T.S.C.), Jeypore, Koraput
vide judgment dated 23.06.2022 in T.R. Case No.12 of
2016/T.R. No.26 of 2021 pending disposal of the
criminal appeal.
The I.A. is disposed of.
Issue certified copy as per rules.
( S.K. Sahoo)
Judge
Sipun
