Orissa High Court
Sadananda Singh 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.151 of 2021
Sadananda Singh .... Appellant/
Petitioner
Mr. A.R. Panda, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Sonak Mishra
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 12.12.2023
14. This matter is taken up through Hybrid
arrangement (video conferencing/physical Mode).
Learned counsel for the appellant has produced the
custody certificate issued by the Superintendent, District
Jail, Phulbani, which is taken on record.
( S.K. Sahoo)
Judge
15. This is an application under section 389 of Cr.P.C.
for grant of bail.
Heard.
Perused the impugned judgment.
The appellant-petitioner has been convicted for the
offences punishable under sections 363/366/376(2)(i)(n)
// 2 //
of the I.P.C. and sections 4/6 of the POCSO Act and
sentenced to undergo rigorous imprisonment for a period
of two years and to pay a fine of Rs.2,000/-(rupees two
thousand), in default, to undergo rigorous imprisonment
for a further period of four months for the offence under
section 363 of the I.P.C., to undergo rigorous
imprisonemtn for a period of seven years and to pay a
fine of Rs.5,000/- (rupees five thousand), in default, to
undergo rigorous imprisonment for a further period of six
months for the offence under section 366 of the I.P.C., to
undergo rigorous imprisonment for a period of seven
years and to pay a fine of Rs.5,000/- (rupees five
thousand), in default, to undergo rigorous imprisonment
for a further period of six months of the offence under
section 4 of the POCSO Act, to undergo rigorous
imprisonment for a period of ten years and to pay a fine
of Rs.5,000/- (rupees five thousand), in default, to
undergo rigorous imprisonment for a further period of six
months for the offence under section 6 of the POCSO Act
and no separate sentence has been awarded for the
offence under section 376(2)(i)(n) of the I.P.C. and all the
substantive sentences were directed to run concurrently
by the learned Addl. Sessions Judge -cum- Special Court
under POCSO Act, Phulbani vide judgment and order
dated 5th March 2021 passed in G.R. Case No.49 of 2015.
Considering the submission made by the learned
counsel for the petitioner that the petitioner is in judicial
custody for more than eight years, out of ten years of
// 3 //
substantive sentence imposed by the learned trial Court
and there is no chance of early hearing of the appeal in
the near future and paper book has not been prepared
and on hearing 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 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.
The I.A. is accordingly disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
sipun
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 13-Dec-2023 17:55:28
