Tapan Khuntia vs State Of Odisha
2023 Latest Caselaw 8393 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.291 of 2018

              Tapan Khuntia                    ....    Appellant/
                                                     Petitioner

                                 Mr.H.S. Deo, Advocate

                                    -versus-

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

                                 Mr.Priyabrata Tripathy
                                 Addl. Standing Counsel

                                 CORAM:
                           JUSTICE S.K. SAHOO

                                  ORDER

Order No.                       01.08.2023
                           I.A. No. 1317 of 2023

05. This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

This is an application for bail.

The appellant-petitioner Tapan Khuntia has been convicted under section 376(2)(i)(l) of the Indian Penal Code read with section 6 of the POCSO Act and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo rigorous imprisonment for a further period of one year under section 376(2)(i)(l) of the Indian Penal Code and no separate sentence has been imposed for the offence under section 6 of the POCSO Act in view of section 42 // 2 //

of the said Act by the learned Addl. Sessions Judge

-cum- Special Judge, Jagatsinghpur vide judgment and order dated 27.02.2018 in Special G.R. Case No. 05 of 2015.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 13.03.2015 and as such, he has already undergone eight years and four months of substantive sentence out of ten years of substantive sentence imposed by the learned trial Court. Learned counsel for the petitioner further submitted that the bail application of the petitioner was earlier rejected by this Court on merit in I.A. No. 717 of 2018 as per order dated 18.12.2019 and paper book has not been prepared and there is no chance of early hearing of the appeal in the near future and therefore, the bail application of the petitioner may be favouraly considered.

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, since out of ten years of substantive sentence imposed by the learned trial Court, the petitioner has already undergone eight years and four months of substantive sentence 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 appellant-petitioner be released on bail pending disposal of the appeal on furnishing bail bond of

// 3 //

Rs.50,000/- (rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned trial Court with such terms and conditions as the learned Court may deem just and proper including the conditions that the petitioner shall not come in contact with the victim or any of the prosecution witnesses in any manner and shall not indulge in any criminal activities. Violation of any of the conditions shall entail cancellation of bail.

The I.A. is disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo

Signature Not Verified Digitally Signed Signed by: PRAMOD KUMAR SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 02-Aug-2023 14:42:09