Orissa High Court
Alok Dehuri vs State Of Odisha on 22 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.601 of 2023
Alok Dehuri .... Appellant/
Petitioner
Mr.Ashok Jena, 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. 1316 of 2023
03. 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
sections 363/366/366-A/376(2)(n) of the Indian Penal
Code and section 6 of the POCSO Act and sentenced to
undergo rigorous imprisonment for a period of fourteen
years and to pay a fine of Rs.10,000/- (rupees ten
thousand), in default, to undergo rigorous imprisonment
for a further period of six months for the offence under
section 6 of the POCSO Act, to undergo rigorous
imprisonment for a period of five years and to pay a fine
of Rs.5,000/- (rupees five thousand), in default, to
// 2 //
undergo rigorous imprisonment for a further period of
three months for the offence under section 363 of the
Indian Penal Code, to undergo rigorous imprisonment for
a period of five years and to pay a fine of Rs.10,000/-
(rupees ten thousand), in default, to undergo rigorous
imprisonment for a further period of four months for the
offence under section 366 of the Indian Penal Code, to
undergo rigorous imprisonment for a period of seven
years and to pay a fine of Rs.10,000/- (rupees ten
thousand), in default, to undergo rigorous imprisonment
for a further period of four months for the offence under
section 366-A of the Indian Penal Code and no separate
sentence has been passed for the offence under section
376 of the Indian Penal Code in view of section 42 of the
POCSO Act and all the substantive sentences were
directed to run concurrently by the learned Addl.
Sessions Judge -cum- Special Court under POCSO Act,
Cuttack vide judgment and order dated 21.01.2022
passed in Spl. G.R. Case No. 13 of 2016.
Considering the submissions made by the learned
counsel for the petitioner that the petitioner is in judicial
custody since 22.02.2016 and he has remained in custody
for more than seven years and there is no chance of early
hearing of the appeal in the near future and after going
through the evidence of the victim (P.W.1) and the doctor
(P.W.2) and on hearing the learned counsel for the State,
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 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
I.A. No. 1315 of 2023
04. 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 21.01.2022 passed by the learned Addl. Sessions
Judge -cum- Special Court under POCSO Act, Cuttack in
Spl. G.R. Case No. 13 of 2016 pending disposal of the
criminal appeal.
The I.A. is disposed of.
Issue certified copy as per rules.
( S.K. Sahoo)
Judge
Signature
PKSahoo Not Verified
Digitally Signed
Signed by: PRAMOD KUMAR SAHOO
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 23-Aug-2023 10:28:18
