Gokula Nayak vs State Of Odisha
2023 Latest Caselaw 1283 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.279 of 2019

              Gokula Nayak                     ....   Appellant

                                  Mr.A. Tripathy, Advocate

                                    -versus-

              State of Odisha                  ....   Respondent

                                 Mr. Priyabrata Tripathy
                                 Addl. Standing Counsel

                                  CORAM:
                             JUSTICE S.K. SAHOO

                                   ORDER

Order No.                       07.02.2023
                              I.A. No. 465 of 2020

03. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This is an application for bail.

The appellant-petitioner Gokula Nayak has been convicted under section 376(2)(i) of the Indian Penal Code and section 6 of POCSO Act and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.10,000/- (rupees ten thousand) and in default, to undergo rigorous imprisonment for a further period of one year for the offences under sections 376(2)(i)(n) of the Indian Penal Code and no separate sentence has been awarded for the offence section 6 of POCSO Act in view of section 42 of the said // 2 //

Act by the learned Addl. Sessions Judge -cum- Special Judge (POCSO), Angul vide judgment and order dated 16.04. 2019 in Special (POCSO) No. 93 of 2013.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 21.01.2013 and as such, out of ten years of substantive sentence imposed by the learned trial Court, the petitioner has already undergone nine years and two months of substantive sentence. It is further submitted that there is no chance of early hearing of the appeal in the near future and balance of convenience is in his favour and therefore, the bail application may be favouraly considered.

Learned counsel for the State, on the other hand, opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced during trial, the substantive sentence imposed on the petitioner, the period undergone by the petitioner in judicial custody and absence of any chance of early hearing of the appeal in the near future. 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

// 3 //

the learned trial Court with such terms and conditions as the learned Court may deem just and proper.

The I.A. is disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

I.A. No. 466 of 2020

04. 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 pursuant to the order dated 16.04.2019 passed learned Addl. Sessions Judge

-cum- Special Judge (POCSO), Angul in Special (POCSO) No. 93 of 2013 pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue certified copy as per rules.

( S.K. Sahoo) Judge

PKSahoo