Brajabandhu Sahoo vs State Of Odisha
2023 Latest Caselaw 2658 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.79 of 2022

             Brajabandhu Sahoo                ....   Appellant/
                                                   Petitioner

                                 Mr.M.K. Dash, Advocate

                                   -versus-

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

                                Mrs.Susamarani Sahoo,
                                Addl. Standing Counsel

                                 CORAM:
                            JUSTICE S.K. SAHOO

                                  ORDER

Order No.                       03.04.2023
                            I.A. No. 145 of 2022
                                         [

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 376(2)(i)(l)(n) of the Indian Penal Code and section 6 of the POCSO Act and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.20,000/- (rupees twenty thousand), in default, to undergo R.I. for six months for the offence under section 6 of the POCSO Act and no separate punishment is imposed // 2 //

under section 376(2)(i)(l)(n) of the Indian Penal Code by the learned Ad-hoc Addl. Sessions Judge (F.T.S.C.), Nayagarh vide judgment dated 29.11.2021 in T.R. No.8/55 of 2021/2018.

Learned counsel for the petitioner submitted that the petitioner was taken into judicial custody in connection with this case on 11.05.2018 and he was never released on bail during trial and as such the petitioner has already undergone substantive sentence of more than four years and ten months and since there is no likelihood of the appeal being taken up for early hearing, the bail application of the petitioner may be favouraly considered.

Learned counsel for the State opposed the prayer for bail and placed the statement of the victim (P.W.3) as well as doctor (P.W.10).

Perused the written instruction dated 21.03.2023 received from the Inspector in-charge of Itamati Police Station which indicates that the victim did not give birth any child in connection with this case and she is not married till date. The said 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 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

// 3 //

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

Sipun