Sukesh Toppo @ Danda vs State Of Odisha
2023 Latest Caselaw 3024 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.352 of 2023

              Sukesh Toppo @ Danda               ....    Appellant/
                                                       Petitioner

                                  Mr.P.K. Nayak, Advocate

                                     -versus-

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

                                  Mr. Rajesh Tripathy,
                                  Addl. Standing Counsel

                                 CORAM:
                            JUSTICE S.K. SAHOO
                                    ORDER

Order No.                         10.04.2023
                         CRLA No.352 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. 761 of 2023

02. This is an application for grant of bail.

The appellant-petitioner Sukesh Toppo @ Danda has been convicted under section 354-A of the Indian // 2 //

Penal Code and section 12 of the Protection of Children from Sexual Offences Act and sentenced to undergo rigorous imprisonment for a period of three months and fine of Rs.5,000/- (rupees five thousand) for each of the offences under section 354-A of the Indian Penal Code and section 12 of the Protection of Children from Sexual Offences Act and both the sentences were directed to run concurrently by the learned Addl. Sessions Judge

-cum- Presiding Officer, Special Court under POCSO Act, Sundargarh in Special G.R. Case No.39 of 2014/T.R. No.135 of 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. 763 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 dated 22.03.2023 passed by the learned Addl. Sessions Judge -cum- Presiding Officer, Special Court under POCSO Act, Sundargarh in Special G.R. Case No.39 of 2014/T.R. No.135 of 2020 pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge Sipun