Naru @ Narayan Mallick vs State Of Odisha
2023 Latest Caselaw 9789 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.592 of 2023

              Naru @ Narayan Mallick           ....   Appellant

                                 Mr.S.K. Dwibdei, Advocate

                                    -versus-

              State of Odisha                  ....   Respondent

                                 Mr. Priyabrata Tripathy
                                 Addl. Standing Counsel

                                  CORAM:
                           JUSTICE S.K. SAHOO

                                  ORDER

Order No.                       22.08.2023
                           I.A. No. 1301 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 sections 363 and 376 of the Indian Penal Code and section 4 of the POCSO Act and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.5,000/- (rupees five thousand) and in default, to undergo rigorous imprisonment for a further period of five months for the offence under section 363 of the Indian Penal Code and to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.10,000/- (rupees ten thousand) and in default, // 2 //

to undergo rigorous imprisonment for a further period of six months for the offence under section 4 of the POCSO Act 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 both 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 11.05.2022 passed in Spl. G.R. Case No. 78 of 2014.

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.2), the doctor (P.W.15) and the I.O. (P.W.16) from whose evidence material contradictions have been proved, 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.

// 3 //

The I.A. is disposed of.

( S.K. Sahoo) Judge

I.A. No.1302 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 11.05.2022 passed by the learned Addl. Sessions Judge -cum- Special Court under POCSO Act, Cuttack in Spl. G.R. Case No. 78 of 2014 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