Bisu @ Biswajit Namo vs State Of Odisha
2023 Latest Caselaw 15930 Ori

Orissa High Court

Bisu @ Biswajit Namo vs State Of Odisha on 12 December, 2023

Author: S.K. Sahoo

Bench: S.K. Sahoo

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.25 of 2019

              Bisu @ Biswajit Namo                  ....      Appellant/
                                                             Petitioner

                                   Mr. Sarbeswar Sahoo, Advocate

                                         -versus-

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

                                   Mr. Rajesh Tripathy
                                   Addl. Standing Counsel
                                   CORAM:
                              JUSTICE S.K. SAHOO
                                     ORDER

Order No.                          12.12.2023

                              I.A. No.2630 of 2023

   15.            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 sections 493/417/376 of the Indian Penal Code and sections 4/6 of the POCSO Act and sentenced to undergo R.I. for a period of five 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 493 of the Indian Penal // 2 //

Code, R.I. for a period of six months and to pay a fine of Rs.500/- (rupees five hundred), in default, to undergo further R.I. for a period of one month for the offence under section 417 of the Indian Penal Code, 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 one year for the offence under section 6 of the POCSO Act and no separate punishment is awarded under section 376 of the Indian Penal Code and section 4 of the POCSO Act in view of section 42 of the POCSO Act and all the substantive sentences were directed to run concurrently by the learned Additional Sessions Judge

-cum- Special Judge, Malkangiri in C.T. Case No.47 of 2016.

Perused the impugned judgment.

Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody for more than eight years by now out of ten years of substantive sentence imposed by the learned trial Court and there is no chance of early hearing of the appeal in the near future and the paper book has not been prepared and after going through the custody certificate produced by the learned counsel for the State, I am inclined to release the petitioner on bail.

Let the appellant-petitioner be released on bail

// 3 //

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.

Issue urgent certified copy of this order on proper application.

( S.K. Sahoo) Judge

RKM

Signed by: RABINDRA KUMAR MISHRA

Location: HIGH COURT OF ORISSA, CUTTACK Date: 14-Dec-2023 12:01:46