Dhanu Sethi vs State Of Odisha
2023 Latest Caselaw 2671 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.328 of 2023

              Dhanu Sethi                         ....        Appellant/
                                                            Petitioner

                                   Mrs.Anita Rani Panda, 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
                             CRLA No.328 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. 712 of 2023

02. This is an application for grant of bail.

The appellant-petitioner Dhanu Sethi has been convicted under section 10 of the POCSO Act and sentenced to undergo rigorous imprisonment for a // 2 //

period of five years and to pay a fine of Rs.5,000/- (rupees five thousand) and in default, to undergo further R.I. for a period of six months for the offence under section 10 of the POCSO Act by the learned Addl. Sessions Judge -cum- Special Court under POCSO Act, Jagatsinghpur in Special G.R. No. 68 of 2021/Trial No.47 of 2022.

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 I.A. No. 713 of 2023

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

Heard.

Considering the submissions made by the learned

// 3 //

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 21.03.2023 passed by the learned Addl. Sessions Judge -cum- Special Court under POCSO Act, Jagatsinghpur in Special G.R. No. 68 of 2021/Trial No.47 of 2022pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo