Orissa High Court
Luchan Rana vs State Of Odisha on 4 December, 2023
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.686 of 2023
Luchan Rana .... Appellant/
Petitioner
Mr. S.K. Dwibedi, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Rajesh Tripathy,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
04.12.2023
I.A. No.1462 of 2023
03. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard.
This is an application under section 389 of Cr.P.C.
for grant of bail.
Perused the impugned judgment.
The appellant-petitioner has been convicted for the
offences punishable under sections 376(2)(n)/450/506
of the I.P.C. and sentenced to undergo R.I. for a period
of ten years and to pay a fine of Rs.10,000/- (rupees ten
thousand), in default, to undergo R.I. for a further
period of six months for the offence under section
// 2 //
376(2)(n) of the I.P.C., to undergo R.I. for a period of
two years and to pay a fine of Rs.1,000/- (rupees one
thousand), in default, to undergo R.I. for a further
period of three months for the offence under section 450
of the I.P.C. and to undergo R.I. for a period of one year
for the offence under section 506 of the I.P.C. and all
the substantive sentences were directed to run
concurrently by the learned Addl. Sessions Judge,
Patnagarh vide judgment and order dated 21.06.2023
passed in Sessions Case No.15 of 2021.
Learned counsel for the State has produced the
written instruction received from the Inspector in-charge
of Larambha police station dated 17.09.2023 to the
effect that the child of the victim is now aged about two
and half years and staying with the victim. The said
instruction is taken on record.
Learned counsel for the petitioner submitted that
the petitioner was taken into judicial custody in
connection with this case on 22.10.2020 and since then,
he is in judicial custody and as such, he has remained
for about three years out of ten years of substantive
sentence imposed by the learned trial Court on him and
since it is a criminal appeal of the year 2023 and there
there is no likelihood of hearing of the appeal in near
future and balance of convenience is in his favour, the
bail application of the petitioner may be favourably
// 3 //
considered.
Learned counsel for the State, on the other hand,
opposed the prayer for bail and placed the evidence of
the victim (P.W.1) and the doctor (P.W.15), who found
that the victim was twenty two weeks pregnant at the
time of her examination on 21.10.2020 as a result of
frequent sexual intercourse but there was no sign and
symptoms of forcible sexual intercourse.
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 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 with such terms and conditions as
the learned Court may deem just and proper including
the condition that he shall not try to come in contact
with the victim while on bail.
Violation of any of the conditions shall entail
cancellation of bail.
The I.A. is disposed of.
// 4 //
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
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 by the learned Addl.
Sessions Judge, Patnagarh vide judgment and order
dated 21.06.2023 passed in Sessions Case No.15 of
2021 pending disposal of the criminal appeal.
The I.A. is disposed of.
Issue certified copy as per rules.
( S.K. Sahoo)
Judge
Sipun
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 05-Dec-2023 17:31:48
