Ilu Das vs State Of Odisha
2023 Latest Caselaw 15894 Ori

Orissa High Court

Ilu Das 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.1324 of 2023

              Ilu Das                              ....        Appellant/
                                                              Petitioner

                                   Mr. S.K. Dwibedi, 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 record.

( 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 451/323/354 of the Indian Penal Code and // 2 //

section 8 of the POCSO Act and sentenced to undergo R.I. for a period of two years and to pay a fine of Rs.2,000/- (rupees two thousand), in default, to undergo further R.I. for a period of six months for the offence under section 451 of the Indian Penal Code, R.I. for a period of one year and to pay a fine of Rs.1,000/- (rupees one thousand), in default, to undergo further R.I. for a period of four months for the offence under section 323 of the Indian Penal Code, R.I. for a period of one year and to pay a fine of Rs.1,000/- (rupees one thousand), in default, to undergo further R.I. for a period of five months for the offence under section 354 of the Indian Penal Code and R.I. for a period of three years and to pay a fine of Rs.2,000/- (rupees two thousand), in default, to undergo further R.I. for a period of one year for the offence under section 8 of the POCSO Act and all the substantive sentences were directed to run concurrently by the learned Additional Sessions Judge -cum- Special Court under POCSO Act, Balasore in Special Case No.166 of 2020/ Trial No.131 of 2022.

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 three years and there is no chance of early hearing of appeal in the near future

// 3 //

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 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