Goura Chandra Khamari vs State Of Odisha
2023 Latest Caselaw 1615 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No. 254 of 2019

              Goura Chandra Khamari               ....        Appellant/
                                                            Petitioner

                                  Mr. Soura Ch. Mohapatra,
                                  Senior Advocate

                                       -versus-

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

                                  Mr. Rajesh Tripathy
                                  Addl. Standing Counsel

                                    CORAM:
                            JUSTICE S.K. SAHOO
                                    ORDER

Order No.                         21.02.2023
                             I.A. No. 690 of 2019

04. This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

This is an application for bail.

Learned counsel for the State has produced the written instruction received from the Inspector in-charge of Nilagiri police station dated 18.04.2021, wherein it is indicated that the victim could not be traced out and she is not residing in the address which is given in the F.I.R. and even her relatives also could not tell her whereabouts. The written instruction is taken on record.

Since the prosecution is unable to serve the copy of the notice on the informant in spite of giving opportunities, I am constrained to hear this matter on // 2 //

merit without the appearance of the informant.

The appellant-petitioner Goura Chandra Khamari has been convicted under sections 376(2)(c)/313/34 of the Indian Penal Code read with section 3(2)(v) of the S.C. & S.T. (PoA) 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), in default, to undergo rigorous imprisonment for a further period of three months for the offence under section 376(2)(c) of the Indian Penal Code, to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo rigorous imprisonment for a further period of three months for the offence under section 313/34 of the Indian Penal Code and to undergo rigorous imprisonment for a period of ten years for the offence under section 3(2)(v) of the S.C. & S.T. (PoA) Act and all the substantive sentences were directed to run concurrently by the learned Addl. Sessions Judge -cum- Special Judge, Balasore vide judgment and order dated 20.02.2019 in Special Case No. 33 of 2015.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 03.07.2015 and as such, he has remained in custody for seven years and seven months and the case is not yet ready for hearing. It is further submitted that the petitioner has got a fair chance of success in the appeal and balance of

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convenience lies in his favour and therefore, the bail application of the petitioner may be favouraly considered.

Learned counsel for the State, on the other hand, opposed the prayer for bail and placed the evidence of the victim (P.W.1) and the doctor (P.W.22) and submitted that on examination of the victim, the doctor found that there was no sign and symptoms of resent sexual inter course and she was within the age group of more than twenty years.

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced during trial, the period of detention of the petitioner in judicial custody, the sentence imposed by the learned trial Court 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 the learned trial Court with such terms and conditions as the learned Court may deem just and proper. Violation of any of the conditions shall entail cancellation of bail.

The I.A. is disposed of.

( S.K. Sahoo) Judge

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I.A. No. 703 of 2019

05. 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 20.02.2019 passed learned Addl. Sessions Judge

-cum- Special Judge, Balasore in Special Case No. 33 of 2015 pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue certified copy as per rules.

( S.K. Sahoo) Judge

PKSahoo