Sankar Singh vs State Of Odisha
2023 Latest Caselaw 3321 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.382 of 2018

              Sankar Singh                          ....      Appellant/
                                                             Petitioner

                                   Mr. B.S. Dasparida, Advocate

                                         -versus-

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

                                   Mrs. Susamarani Sahoo
                                   Addl. Standing Counsel

                                   CORAM:
                              JUSTICE S.K. SAHOO
                                     ORDER

Order No. 12.04.2023

I.A. No.172 of 2023

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 363/366/376(2)(i) of the Indian Penal Code and section 4 of the POCSO Act and sentenced to undergo R.I. for a period of three years and to pay a fine of Rs.3,000/- (rupees three thousand), in default, to undergo further R.I. for a period of three months for the offence under section 363 of the // 2 //

Indian Penal Code, R.I. for a period of five years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo further R.I. for a period of four months for the offence under section 366 of the Indian Penal Code and R.I. for a period of ten years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo further R.I. for a period of six months for the offence under section 376(2)(i) of the Indian Penal Code and no separate sentence was awarded under section 4 of the POCSO Act in view of the provision under section 42 of the POCSO Act and all the substantive sentences were directed to run concurrently by the learned 1st Additional Sessions Judge -cum- Presiding Officer, Children's Court, Mayurbhanj, Baripada in G.R. Case No.194 of 2013/T.C. No.243 of 2016.

Perused the impugned judgment.

Learned counsel for the petitioner submitted that the petitioner was granted interim bail for a period of three months as per order dated 06.12.2021 in I.A. No.940 of 2018 taking into account the lis pendens development that the petitioner had married the victim (P.W.2) and they were blessed with a female child and further that he was on bail during trial and the total period of his detention. Learned counsel further submitted that after availing the interim bail period, the petitioner surrendered at right time and

// 3 //

the case is not ready for hearing since paper book has not been prepared and therefore, the petitioner may be granted interim bail for some period.

Learned counsel for the State has no serious objection so far as the interim bail of the petitioner is concerned.

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced by the prosecution during trial and other materials available on record, while not inclining to release the petitioner on bail on merit, but taking into account the period of detention of 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 interim bail for a period of three months from the date of release and the petitioner shall surrender before the learned trial Court immediately on expiry of the three months period.

For the above period, let the appellant-petitioner be released on interim bail in the aforesaid case 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 condition that he shall not indulge in any criminal activities in any manner.

Violation of any of the conditions shall entail

// 4 //

cancellation of bail.

The I.A. is disposed of accordingly.

( S.K. Sahoo) Judge

CRLA No.382 of 2018

15. List this matter in the week commencing from 24.07.2023. Learned counsel for the appellant shall produce the surrender certificate of the appellant on the next date.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge

RKM