Orissa High Court
Ramsingh Pradhan vs State Of Odisha on 26 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.106 of 2020
Ramsingh Pradhan .... Appellant/
Petitioner
Mr. Laxman Pradhan, Advocate
-versus-
State of Odisha .... Respondent/
Opposite Party
Mr. Manoranjan Mishra,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 26.04.2023
I.A. No.229 of 2020
15. 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 376(2)(f)(n)/506 of the Indian Penal Code and
sentenced to undergo R.I. for a period of ten years and to
pay a fine of Rs.5,000/- (rupees five thousand), in
default, to undergo R.I. for a period two years and six
months for the offence under section 376(2)(f)(n) of the
Indian Penal Code and R.I. for a period of six months for
the offence under section 506 of the Indian Penal Code
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and both the sentences were directed to run concurrently
by the learned Assistant Sessions Judge, Special Track
Court, Phulbani in S.T. No.152 of 2016.
Perused the impugned judgment.
Learned counsel for the petitioner submitted that the
petitioner was on bail during trial and he has never
misutilised his liberty. He further submitted that during
pendency of this criminal appeal, he was granted interim
bail vide order dated 16.05.2022 in I.A. No.512 of 2022
for some period on the ground of his ailment and he
surrendered at right time and therefore, there is no
chance of absconding. He further submitted that there are
good chances of success in the appeal and balance of
convenience is in favour of the petitioner and there is no
chance of early hearing of appeal in the near future and
therefore, the bail application of the petitioner may be
favourably considered.
Learned counsel for the State has placed the
statement of the victim, who has been examined as P.W.5
and also the doctor (P.W.16).
Learned counsel for the State as per the order of this
Court has obtained instruction that the victim has in the
meantime married and she is having a child.
Considering the submissions of learned counsel for
the respective parties, the nature of evidence adduced by
the prosecution during trial, the fact that the petitioner
was on bail during trial and there is no allegation of
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misutilization of his liberty while on bail and the conduct
of the petitioner in complying with the earlier order of
interim bail granted by this Court 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.
Accordingly, the I.A. is disposed of.
Urgent certified copy of this order be granted on
proper application.
( S.K. Sahoo)
Judge
RKM
