Dambarudhar Nayak vs State Of Odisha
2023 Latest Caselaw 15943 Ori

Orissa High Court

Dambarudhar Nayak 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.625 of 2022

              Dambarudhar Nayak                    ....        Appellant/
                                                             Petitioner

                                   Mr. Jateswar Nayak, 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
   07.             This    matter     is   taken        up   through    Hybrid

arrangement (video conferencing/physical Mode).

Learned counsel for the State has produced the custody certificate issued by the Superintendent, Model Convict Prison, Athgarh, which is taken on record.

( S.K. Sahoo) Judge

08. 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 offence punishable under section 376(2)(i) read with // 2 //

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 R.I. for a further period of six months for the offence under section 376(2)(i) of the I.P.C. and in view of section 42 of the POCSO Act, no separate sentence has been awarded for the offence under section 6 of the POCSO Act by the learned Addl. Sessions Judge -cum- Special Judge, Jagatsinghpur vide judgment and order dated 7th January 2019 passed in Special G.R. Case No.03 of 2013.

Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody for more than six years, 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 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.

(P.T.O.)

// 3 //

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

09. This is an application for stay of realization of fine.

Heard.

There shall be stay of realization of fine amount imposed on the appellant-petitioner by the Addl. Sessions -cum- Special Judge, Jagatsinghpur vide judgment and order dated 7th January 2019 passed in Special G.R. Case No.03 of 2013 pending disposal of the criminal appeal.

The I.A. is 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