Akash Malik vs State Of Odisha
2023 Latest Caselaw 9785 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.590 of 2023

              Akash Malik                      ....   Appellant/
                                                    Petitioner

                                 Mr.B.K. Das, Advocate

                                    -versus-

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

                                 Mr. Priyabrata Tripathy
                                 Addl. Standing Counsel

                                 CORAM:
                           JUSTICE S.K. SAHOO

                                  ORDER

Order No.                       22.08.2023
                           I.A. No. 1298 of 2023

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

This is an application for bail.

The appellant-petitioner has been convicted under section 363 of the Indian Penal Code and section 6 of the POCSO Act and sentenced to undergo rigorous imprisonment for a period of twenty years and to pay a fine of Rs.2,000/- (rupees two thousand) and in default, to undergo rigorous imprisonment for a further period of two years for the offence under section 6 of the POCSO Act and to undergo rigorous imprisonment for a period of three years and to pay a and to pay a fine of Rs.2,000/- (rupees two thousand) and in default, to // 2 //

undergo rigorous imprisonment for a further period of one year for the offence under section 363 of the Indian Penal Code and both the substantive sentences were directed to run concurrently by the learned Addl. Sessions Judge -cum- Special Court under POCSO Act, Balasore vide judgment and order dated 03.05.2023 in Special Case No.160 of 2022/Trial No.228 of 2022.

Considering the submissions made by the learned counsel for the petitioner that the petitioner was on bail during trial and he has never misutilized the liberty and after going through the evidence of the victim (P.W.3) and the doctor (P.W.10) and since it appears to be a case of love affairs between the petitioner and the victim, there is no chance of early hearing of the appeal in the near future and on hearing the learned counsel for the State, 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 with such terms and conditions as the learned Court may deem just and proper. Violation of any of the conditions shall entail cancellation of bail.

The I.A. is disposed of.

( S.K. Sahoo) Judge

// 3 //

I.A. No. 1297 of 2023

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

Heard.

There shall be stay of realization of fine amount imposed on the appellant-petitioner pursuant to the order dated 03.05.2023 passed by the learned Addl. Sessions Judge -cum- Special Court under POCSO Act, Balasore in Special Case No.160 of 2022/Trial No.228 of 2022 pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue 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: 23-Aug-2023 10:28:18