Santosh Kumar Rout @ Anil vs State Of Odisha
2023 Latest Caselaw 2670 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.334 of 2023

              Santosh Kumar Rout @ Anil           ....         Appellant

                                   Mr.S.K. Dwibedi, Advocate

                                      -versus-

              State of Odisha                     ....       Respondent

                                   Mr.Rajesh Tripathy,
                                   Addl. Standing Counsel

                                 CORAM:
                             JUSTICE S.K. SAHOO
                                     ORDER

Order No.                          03.04.2023
                             CRLA No.334 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. 720 of 2023

02. This is an application for grant of bail.

The appellant-petitioner Santosh Kumar Rout @ Anil has been convicted under sections 354A and 354D of the Indian Penal Code and under section 12 of the Protection of Children from Sexual Offences Act, 2012 // 2 //

(in short, 'POCSO Act') and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.5,000/- (rupees five thousand) and in default, to undergo further R.I. for a period of one month for the offence under section 12 of the POCSO Act and no separate sentence has been imposed for the offences under sections 354A and 354D of the Indian Penal Code in view of section 42 of the POCSO Act by the learned Ad-hoc Addl. Sessions Judge (F.T.S.C.), Nayagarh in T.R. Case No. 33/20 of 2021/2020.

Considering the submissions made by the learned counsel for the respective parties, the sentence imposed by the learned trial Court, the fact that the petitioner was on bail during trial and there is no allegation that he has misutilised the liberty and absence of 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.

The I.A. is disposed of.

( S.K. Sahoo) Judge

// 3 //

I.A. No. 719 of 2023

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

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 15.03.2023 passed by the learned Ad-hoc Addl. Sessions Judge (F.T.S.C.), Nayagarh in T.R. Case No. 33/20 of 2021/2020 pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo