Bula @ Kalidas @ vs State Of Odisha
2023 Latest Caselaw 15549 Ori

Orissa High Court

Bula @ Kalidas @ 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.457 of 2023

              Bula @ Kalidas @                      ....      Appellant/
              Kalicharan Marndi                              Petitioner

                                   Mr. S.K. Dwibedi, Advocate

                                         -versus-

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

                                   Mr. P.B. Tripathy,
                                   Addl. Standing Counsel

                                 CORAM:
                             JUSTICE S.K. SAHOO
                                     ORDER

Order No.                          04.12.2023

                             I.A. No.1005 of 2023

   04.            This    matter    is    taken     up   through   Hybrid

arrangement (video conferencing/physical mode).

This is an application under Section 389 of Cr.P.C. for grant of bail.

Heard.

The appellant-petitioner has been convicted under section 376(2)(i) of the Indian Penal Code read with section 6 of the POCSO Act 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 further R.I. for a period of six months for the offence under section 6 of the POCSO Act and no // 2 //

separate punishment is awarded under section 376(2)(i) of the Indian Penal Code in view of section 42 of the POCSO Act by the learned Presiding Officer, Special Court under POCSO Act, Mayurbhanj, Baripada in C.T. Case No.22 of 2017.

Perused the impugned judgment.

Learned counsel for the State submitted that he has received instruction that the petitioner is having no criminal antecedent.

Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 06.03.2017 and thus, out of ten years of substantive sentence imposed by the learned trial Court, he has already undergone six years and eight months of sentence and after going through the evidences of the victim (P.W.2) and the doctor (P.W.7) and on hearing the learned counsel for the State and absence of any chance of early hearing of appeal in the near future as it is an appeal of the year 2023, 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 local solvent sureties each for the like amount to the satisfaction of the learned trial Court. While on bail,

// 3 //

the petitioner shall not try to come in contact with the victim.

Violation of any of the conditions shall entail cancellation of bail.

The I.A. is disposed of.

( S.K. Sahoo) Judge

05. Heard.

There shall be stay of realization of fine amount imposed by the learned trial Court on the appellant- petitioner till disposal of the criminal appeal.

The I.A. is disposed of.

Urgent certified copy of this order be granted as per rules.

( S.K. Sahoo) Judge

RKM

Signed by: RABINDRA KUMAR MISHRA

Location: HIGH COURT OF ORISSA, CUTTACK Date: 05-Dec-2023 18:29:46