Orissa High Court
Kusa Parichha vs State Of Odisha on 7 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.830 of 2022
Kusa Parichha .... Appellant/
Petitioner
Mr. B.P. Chhualsingh, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr.Arupananda Das,
Addl. Govt. Advocate
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 07.08.2023
I.A. No.1832 of 2023
03. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard learned counsel for the appellant-petitioner
and learned counsel for the State.
This interim application has been filed by the
appellant-petitioner for grant of bail under section 389
Cr.P.C. in Court today, which is taken on record.
Registry is to place the same on record.
The appellant-petitioner Kusa Parichha has been
convicted for the offence punishable under section
376(1) of the Indian Penal Code and sentenced to
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undergo rigorous imprisonment for a period of seven
years and to pay a fine of Rs.10,000/- (rupees ten
thousand) and in default, to undergo further R.I. for a
period of six months for the offence under section
376(1) of the Indian Penal Code by the learned Addl.
Sessions Judge -cum- Special Court under POCSO Act,
Phulbani in C.T. Case No.69 of 2017.
Learned counsel for the petitioner submitted that
initially, the petitioner was taken into judicial custody in
connection with this case on 17.10.2017 and during the
pendency of the trial, he was released twice on bail on
each occasion for three months and after conviction,
this Court granted him interim bail for a period of three
months vide order dated 19.12.2022 passed in I.A.
No.1562 of 2022 and each time, after availing the
interim bail period, he was surrendered at right time
and thus out of seven years and substantive sentence
imposed by the learned trial Court, the petitioner has
already undergone more than five years of substantive
sentence. Learned counsel for the petitioner further
submitted that since there is no chance of early hearing
of the appeal in the near future and balance of
convenience is in his favour, the bail application 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
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counsel for the respective parties, the sentence imposed
by the learned trial Court, the conduct of the petitioner
in complying with the earlier interim bail order granted
by this Court, the nature of evidence adduced during
trial, the period of detention already undergone by 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 bail.
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.1561 of 2022
04. 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 29th August
2022 passed by the learned Addl. Sessions Judge -cum-
Special Court under POCSO Act, Phulbani in C.T. Case
No.69 of 2017 pending disposal of the criminal appeal.
The I.A. is disposed of.
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Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
Sipun
Signature Not Verified
Digitally Signed
Signed by: SIPUN BEHERA
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 08-Aug-2023 17:33:28
