Ramakanta Yadav @ vs State Of Odisha
2023 Latest Caselaw 3559 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.302 of 2023

              Ramakanta Yadav @                     ....       Appellant/
              Chana Behera                                    Petitioner

                                   Mr. M.R. Mohapatra, Advocate

                                         -versus-

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

                                   Mr. Rajesh Tripathy,
                                   Addl. Standing Counsel

                                   CORAM:
                              JUSTICE S.K. SAHOO
                                     ORDER

Order No. 17.04.2023

01. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard.

Admit.

Call for the trial Court record.

( S.K. Sahoo) Judge

I.A. No.659 of 2023

02. This is an application under Section 389 of Cr.P.C. for grant of bail.

Heard.

The appellant-petitioner has been convicted // 2 //

under sections 354-A of the Indian Penal Code read with section 10 of the POCSO Act and sentenced to undergo 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 two months for the offence under section 10 of the POCSO Act and no separate sentence was awarded under section 354-A of the Indian Penal Code in view of the provision under section 42 of the POCSO Act by the learned Additional Sessions Judge -cum- Special Court under POCSO Act, Nayagarh in T.R. No.13 of 2022.

Perused the impugned judgment.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 26.11.2021 and as such he has undergone more than one year and four months of sentence out of five years of substantive sentence imposed by the learned trial Court and there is no chance of early hearing of appeal in the near future and balance of convenience is in favour of the petitioner and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for bail and placed the relevant parts of the judgment.

Considering the submissions of learned counsel for the respective parties, the nature of evidence adduced during the trial, the substantive sentence

// 3 //

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.

The I.A. is disposed of.

( S.K. Sahoo) Judge

I.A. No.660 of 2023

03. Heard.

There shall be stay of realization of fine amount imposed by the learned trial Court on the appellant- petitioner till disposal of the criminal appeal.

The I.A. is disposed of.

Urgent certified copy of this order be granted as per rules.

( S.K. Sahoo) Judge RKM