Orissa High Court
Bula @ Sukanta Mallik vs State Of Odisha on 5 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.204 of 2020
Bula @ Sukanta Mallik .... Appellant/
Petitioner
Mr.B.C. Ghadei, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr.Rajesh Tripathy,
Addl.Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 04.04.2023
I.A. No. 697 of 2023
10. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
This interim application has been filed by the
appellant-petitioner under section 389 Cr.P.C. for grant of
bail.
The appellant-petitioner Bula @ Sukanta Mallik has
been convicted for the offences punishable under
sections 376(2)(i)/506 of the Indian Penal Code and
section 6 of POCSO Act and sentenced to undergo
rigorous imprisonment for a period of ten years and to
pay a fine of Rs.10,000/- (rupees ten thousand) and in
default, to undergo rigorous imprisonment for a further
// 2 //
period of six months for the offence under section
376(2)(i) of the Indian Penal Code and to undergo
rigorous imprisonment for two years and to pay a fine
of Rs.2,000/- (rupees two thousand), in default, to
undergo rigorous imprisonment for a further period of
two months for the offence under section 506 of the
Indian Penal Code and no separate sentence has been
awarded for the offence section 6 of POCSO Act in view
of section 42 of the said Act by the learned 1st Addl.
Sessions Judge -cum- Special Judge, Puri vide judgment
dated 10.02.2020 in T.R. Case No.06 of 2015.
Learned counsel for the petitioner submitted that
the petitioner was taken into judicial custody in
connection with this case on 23.09.2014 and he was
throughout in judicial custody during trial and during
pendency of the appeal, he was granted interim bail for
a period of three months in I.A. No.428 of 2020 vide
order dated27.08.2021 and after availing the same, he
surrendered at the right time and if the interim bail
period is excluded, the petitioner has remained in
custody for more than eight years and two months out
of ten years of substantive sentence imposed by the
learned trial Court. He further submitted that since
there is no chance of early hearing of the criminal
appeal in the near future and the paper books have not
yet been prepared and therefore, the bail application of
the petitioner may be favourably considered.
// 3 //
Learned counsel for the State, on the other hand,
opposed the prayer for bail.
Considering the submissions made by the learned
counsel for the respective parties, the substantive
sentence imposed on the petitioner 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. 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 with such terms and conditions
as the learned Court may deem just and proper with
further conditions that he shall not try to come in
contact with the victim or any of her family members
and he shall not indulge in any criminal activates.
Violation of any of the conditions shall entail
cancellation of bail.
The I.A. is disposed of.
( S.K. Sahoo)
Judge
Sipun
