Narayan Giri vs State Of Odisha
2023 Latest Caselaw 10242 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.897 of 2023

              Narayan Giri                         ....      Appellant/
                                                           Petitioner

                                   Mr.P.K. Nayak, Advocate

                                        -versus-

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

                                   Mr.P.B. Tripathy
                                   Addl.Standing Counsel

                                  CORAM:
                             JUSTICE S.K. SAHOO
                                     ORDER

Order No.                          28.08.2023
                              CRLA No.897 of 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.1920 of 2023

02. This is an application for bail.

The appellant-petitioner Narayan Giri has been convicted for the offence punishable under section 354-A(1)(i) of the Indian Penal Code (in short, "I.P.C.") and section 8 of the Protection of Children // 2 //

from of Sexual Offences Act (in short, "POCSO Act") and sentenced to undergo R.I. for a period of four years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo R.I. for a further period of two months for the offence under section 8 of the POCSO Act and in view of section 42 of the POCSO Act, no separate sentence has been awarded for the offence under section 354-A(1)(i) of the I.P.C. by the learned Addl. Sessions Judge -cum- Spl. Court under POCSO Act, Cuttack vide judgment and order dated 5th August 2023 in Special G.R. Case No.82 of 2015.

Learned counsel for the petitioner submitted that the petitioner was on bail during trial and has never misutilized the liberty granted to him and therefore, the petitioner may be directed to be released on bail pending disposal of the appeal.

Learned counsel for the State, on the other hand, opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced by the prosecution during trial, the sentence imposed by the learned trial Court, the fact that the petitioner was on bail during trial and absence of chance of early hearing of the appeal in the near future, I am inclined to release the petitioner on bail.

// 3 //

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 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.1921 of 2023

03. This is an application for stay of realization of fine.

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 5th August 2023 passed by the Addl. Sessions Judge

-cum- Spl. Court under POCSO Act, Cuttack in Special G.R. Case No.82 of 2015 pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge sipun Signature Not Verified Digitally Signed Signed by: SIPUN BEHERA Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Aug-2023 17:26:54