Orissa High Court
Mangal Singh @ Rodey vs State Of Odisha on 26 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.243 of 2019
Mangal Singh @ Rodey .... Appellant/
Petitioner
Mr. Anirudha Das, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Manoranjan Mishra
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 26.04.2023
I.A. No.07 of 2023
18. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
Learned counsel for the State has produced the custody
certificate received from the concerned Jail Superintendent,
which is dated 07.04.2023 from which it appears that the
petitioner has already undergone substantive sentence of
more than eight years. The custody certificate is taken on
record.
This is an application under Section 389 of Cr.P.C. for
grant of bail.
Heard.
The appellant-petitioner has been convicted under
// 2 //
section 376(2)(i) of the Indian Penal Code read with section
6 of the POCSO Act and sentenced to undergo R.I. for a
period of twelve years and to pay a fine of Rs.5,000/- (rupees
five thousand), in default, to undergo further R.I. for a period
of six months for both the offences by the learned 1st
Additional Sessions Judge -cum- Presiding Officer, Children's
Court, Mayurbhanj, Baripada in C.T. Case No.67 of 2015/T.C.
No.196 of 2016.
Perused the impugned judgment.
Learned counsel for the petitioner submitted that this
Court has granted interim bail to the petitioner twice and on
each occasions, for a period of three months and after
availing the same, the petitioner has surrendered at right
time. He further submitted that since paper book has not
been prepared and there is no chance of early hearing of
appeal in the near future, the petitioner may be granted
interim bail for some more time.
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
// 3 //
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
cancellation of bail.
The I.A. is disposed of accordingly.
( S.K. Sahoo)
Judge
CRLA No.243 of 2019
19. List this matter in the week commencing from
07.08.2023. 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
