Orissa High Court
Kalandi Charan @ Kalia vs State Of Odisha on 24 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.368 of 2023
Kalandi Charan @ Kalia .... Appellant/
Das @ Malik Petitioner
Mr.D. Sahoo, Advocate
-versus-
State of Odisha .... Respondent/
Opp.Party
Mr.Rajesh Tripathy
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 24.04.2023
CRLA No.368 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. 797 of 2023
02. This is an application for grant of bail.
The appellant-petitioner Kalandi Charan @ Kalia
Das @ Malik has been convicted under sections 341/354
// 2 //
(1)(i) of the Indian Penal Code read with section 10 of
the POCSO Act and sentenced to undergo rigorous
imprisonment for a period of five years and to pay a
fine of Rs.5,000/- (rupees five thousand) and in default,
to undergo further R.I. for a period of six months for
the offence under section 10 of the POCSO Act and to
undergo simple imprisonment for a period of one month
for the offence under section 341 of the Indian Penal
Code however no separate sentence was awarded for
the offence under section 354(1)(i) of the Indian Penal
Code and all the sentences were directed to run
concurrently by the learned Addl. Sessions Judge -cum-
Special Court under POCSO Act, Bhadrak in Special
POCSO Case No.11 of 2016.
Learned counsel for the petitioner submitted that
the petitioner voluntarily surrendered in the Court on
12.12.2016 and he was released on bail on 04.03.2017
and thereafter during course of trial, he was taken into
judicial custody on 09.12.2022 and since then he is in
custody. It is further submitted that in view of the
evidence of the victim, the ingredients of the offence
under section 10 of the POCSO Act are not attracted and
there are good chances of success in the appeal and
there is no chance of early hearing of the appeal in the
near future and balance of convenience lies in his favour
and therefore, the bail application of the petitioner may
be favouraly considered.
// 3 //
Learned counsel for the State, on the other hand,
opposed the prayer for bail and placed the impugned
judgment, particularly the evidence of the victim which
has been discussed by the learned trial Court.
Considering the submissions made by the learned
counsel for the respective parties, the nature of
evidence adduced during trial, the period of detention of
the petitioner in judicial custody, the substantive
sentence imposed by the learned trial Court, the period
already undergone by the petitioner 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 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 on such other
conditions as the learned trial Court may deem just and
proper.
The I.A. is accordingly disposed of.
( S.K. Sahoo)
Judge
I.A. No. 796 of 2023
03. This is an application for stay of realization of fine.
// 4 //
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 and order dated 24.03.2023
passed by the Addl. Sessions Judge -cum- Special Court
under POCSO Act, Bhadrak in Special POCSO Case No.
11 of 2016 pending disposal of the criminal appeal.
The I.A. is disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
P
