Orissa High Court
Sunadhar Pujari vs State Of Odisha on 3 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.310 of 2023
Sunadhar Pujari .... Appellant/
Petitioner
Mr.Arijeet Mishra, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr.Priyabrata Tripathy,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 03.04.2023
CRLA No. 310 of 2023
01. This matter is taken up through Hybrid
arrangement (video conferencing/physical Mode).
Heard.
Admit
Call for the trial Court records.
( S.K. Sahoo)
Judge
I.A. No.677 of 2023
02. This application has been filed by the appellant-
petitioner under section 389 Cr.P.C. for bail.
Heard learned counsel for the appellant-petitioner
and learned counsel for the State.
// 2 //
The appellant-petitioner Sunadhar Pujari has been
convicted for the offences punishable under sections
451/365/511 of the Indian Penal Code and under section
8 of the POCSO Act and sentenced to undergo R.I. for a
period of two years and to pay a fine of Rs.1,000/-
(rupees one thousand), in default, to undergo R.I. for a
further period of one month for the offence under
section 451 of the Indian Penal Code, to undergo R.I. for
a period of three years and six months and to pay a fine
of Rs.3,000/- (rupees three thousand), in default, to
undergo R.I. for a period of two months for the offence
under section 363/511 of the Indian Penal Code and to
undergo R.I. for a period of five years and to pay a fine
of Rs.5,000/- (rupees five thousand) for the offence
under section 8 of the POCSO Act and the petitioner is
not sentenced separately for the offence under section
354A(2) of the POCSO Act in view of embargo provided
under section 42 of the POCSO Act as the offence under
section 8 of the POCSO Act is punishable greater in
degree than offence under section 354A(2) of the Indian
Penal Code and all the substantive sentences were
directed to run concurrently by the learned Judge,
Special Court under POCSO Act -cum- Additional
Sessions Judge, Jeypore, Koraput in T.R. Case No.67 of
2021.
Learned counsel for the petitioner submitted that the
petitioner was taken into judicial custody on 23.08.2021
// 3 //
and there is no chance of early hearing of the appeal in
the near future and balance of convenience lies in his
favour and therefore, the bail application may be
favouraly considered. Learned counsel for the petitioner
has produced the deposition copies of the witnesses,
which are taken on record.
Learned counsel for the State opposed the prayer for
bail.
Considering the submissions made by the learned
counsel for the respective parties and there is no chance
of early hearing of the appeal in the near future and after
going through the evidence of the victim (P.W.3) & her
mother P.W.4 placed by the learned counsel for the State,
I am inclined to release the petitioner on bail.
Let the appellant-petitioner Sunadhar Pujari 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.678 of 2023
03. This is an application for stay of realization of fine.
// 4 //
Heard.
Considering the submissions made by the learned
counsel for the parties, let there be stay of realization of
fine amount imposed on the appellant-petitioner pursuant
to the judgment and order dated 13.03.2023 passed by
the learned Judge, Special Court under POCSO Act -cum-
Additional Sessions Judge, Jeypore, Koraput in T.R. Case
No.67 of 2021 pending disposal of the criminal appeal.
The I.A. is disposed of.
( S.K. Sahoo)
Judge
Sipun
