Orissa High Court
Purastam Maikap vs State Of Odisha on 5 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.302 of 2018
Purastam Maikap .... Appellant/
Petitioner
Mr. Sk. Zafarulla, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Rajesh Tripathy,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
05.04.2023
I.A. No.1887 of 2018
14. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This is an application under Section 389 of
Cr.P.C. for grant of bail.
Heard.
The appellant-petitioner has been convicted
under sections 376(2)(i) of the Indian Penal Code
read with section 6 of the POCSO Act and sentenced
to undergo R.I. for a period of ten years and to pay a
fine of Rs.5,000/- (rupees five thousand), in default
of payment of fine, to further undergo R.I. for a
period of three months for the offence under section
// 2 //
6 of the POCSO Act by the learned Additional
Sessions Judge -cum- Special Judge, Balasore in
Special Case No.248 of 2015.
Learned counsel for the State as per the order
dated 20.03.2023 has obtained written instruction
from the Inspector in-charge of Singla police station
which indicates that there is no criminal antecedent
against the petitioner and the victim is now staying
with her grandparents and her parents are working in
Hyderabad in a private company and the victim has
discontinued her study from Class-VII. The written
instruction is taken on record.
Perused the impugned judgment.
Learned counsel for the petitioner submitted that
the petitioner was on bail during trial and after the
pronouncement of the judgment, he has remained in
judicial custody for more than five years, which is half
of the substantive sentence imposed by the learned
trial Court. It is further submitted that the paper
books have not prepared and there is no chance of
early hearing of appeal in the near future and
therefore, the bail application of the petitioner may
be favourably considered.
Learned counsel for the State, on the other hand,
opposed the prayer for bail and placed the evidence of
the victim (P.W.3) and the doctor (P.W.1).
Considering the submissions of learned counsel
// 3 //
for the respective parties, the age of the victim, the
nature of evidence adduced by the victim, the
sentence imposed by the learned trial Court, the
period already undergone by the petitioner in judicial
custody and absence of any chance of early hearing of
the appeal in the near future, the prayer for bail is
allowed.
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 local
solvent sureties each for the like amount to the
satisfaction of the learned trial Court subject to
conditions that the petitioner shall not try to keep any
contact either with the victim or her family members
and he shall not indulge in any criminal activities in
any manner.
Violation of any terms and conditions shall entail
cancellation of interim bail.
Accordingly, the I.A. is disposed of.
( S.K. Sahoo)
Judge
RKM
