Sura @ Suresh Pradhan vs State Of Odisha
2023 Latest Caselaw 15874 Ori

Orissa High Court

Sura @ Suresh Pradhan vs State Of Odisha on 11 December, 2023

Author: S.K. Sahoo

Bench: S.K. Sahoo

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.1303 of 2023

              Sura @ Suresh Pradhan                ....        Appellant/
                                                              Petitioner

                                   Mr. Amitav Tripathy, Advocate

                                      -versus-

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

                                   Mr. Arupananda Das
                                   Addl. Govt. Advocate
                                      CORAM:
                                 JUSTICE S.K. SAHOO
                                     ORDER

Order No.                          11.12.2023

   01.             This    matter     is   taken        up   through    Hybrid

arrangement (video conferencing/physical Mode).

Heard.

Admit.

Call for the trial Court records.

( S.K. Sahoo) Judge

02. This is an application under Section 389 of Cr.P.C.

for grant of bail.

Heard.

The appellant-petitioner has been convicted under sections 354/354-A of the Indian Penal Code and section // 2 //

10 of the POCSO Act and sentenced to undergo R.I. for a period of five 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 10 of the POCSO Act and R.I. for a period of three years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo further R.I. for a period of three months for the offence under section 354 of the Indian Penal Code and no separate sentence was awarded under section 354-A of the Indian Penal Code in view of the provision under section 42 of the POCSO Act and both the substantive sentences were directed to run concurrently by the learned Additional Sessions Judge -cum- Special Court under the POCSO Act, Nayagarh in T.R. Case No.33 of 2021.

Perused the impugned judgment. Considering the submission made by the learned counsel for the petitioner that the petitioner was on bail during trial and he has never misutilised his liberty and the substantive sentence imposed by the learned trial Court against the petitioner is for five years and there is no chance of early hearing of appeal in the near future and balance of convenience is in favour of the petitioner 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

// 3 //

Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned trial Court.

The I.A. is disposed of.

( S.K. Sahoo) Judge

03. 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: 14-Dec-2023 11:56:10