Kapila @ Kapildeb Sabar vs State Of Odisha
2023 Latest Caselaw 9252 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.206 of 2018

              Kapila @ Kapildeb Sabar           ....          Appellant/
                                                            Petitioner

                                 Mr.B.P. Das, Advocate

                                     -versus-

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

                                 Mr.P.B. Tripathy
                                 Addl.Standing Counsel
                                  CORAM:
                             JUSTICE S.K. SAHOO
                                   ORDER

Order No.                        14.08.2023
                             I.A. No.1625 of 2023
   11.             This    matter    is    taken      up         through     Hybrid

arrangement (video conferencing/physical Mode).

This is an application for bail.

Heard the learned counsel for the appellant- petitioner and learned counsel for the State.

The appellants-petitioner has been convicted for the offence under section 376 (1) of the I.P.C. and under section 4 of the POCSO Act and sentenced to undergo R.I. for a period of seven years and to pay a fine of Rs.20,000/-(rupees twenty thousand), in default, to undergo further R.I. for a period of one year for the offence under section 4 of the POCSO Act and no separate punishment has been awarded for the offence under section 376(1) of the Indian Penal Code in view of section 42 of the POCSO Act by the learned Addl. Sessions Judge -

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cum- Judge, Special Court, Rayagada in C.T. Case No.148 of 2013.

Perused the impugned judgment.

Learned counsel for the petitioner submitted that the petitioner was on bail during trial and he has never misutilized his liberty and after pronouncement of the judgment, he was taken into judicial custody on 03.03.2018 and he was granted interim bail for a period of ninety days by this Court as per order dated 30.07.2021 passed in I.A. No.144 of 2020 and after availing the same, he surrendered at right time and as such, the petitioner has already undergone five years, two months and eleven days of substantive sentence imposed on him by the learned trial Court. Learned counsel further submitted that there is no chance of early hearing of the appeal in the near future and balance of convenience lies in his favour 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, the nature of evidence adduced during trial, the period already undergone by the petitioner in judicial custody, the conduct of the petitioner in complying with the earlier interim bail order and absence of any chance of early hearing of the appeal in the near future, I am inclined to release the petitioner on bail.

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Let the 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 on such other conditions as the learned trial Court may deem just and proper.

The I.A. is accordingly disposed of. Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge sipun

Signature Not Verified

Signed by: SIPUN BEHERA Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Aug-2023 11:15:37