Orissa High Court
Gobardhan @ Gobaru Bhoi vs State Of Odisha on 24 January, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.805 of 2018
Gobardhan @ Gobaru Bhoi .... Appellant/
Petitioner
Mr. N. Panda, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Rajesh Tripathy,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 24.01.2023
I.A. No.1094 of 2022
22. 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 343/506/366/376(2)(n) of the Indian Penal
Code read with section 6 of POCSO Act and sentenced to
undergo R.I. for a period of six months for the offence
under section 343 of the Indian Penal Code, R.I. for a
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period of one year for the offence under section 506 of
the Indian Penal Code, R.I. for a period of five years and
to pay a fine of Rs.5,000/- (rupees five thousand), in
default, to undergo R.I. for a period of one month for the
offence under section 366 of the Indian Penal Code and
R.I. for ten years and to pay a fine of Rs.10,000/-
(rupees ten thousand), i.d., R.I. for two months for the
offence under section 376(2)(n) of the Indian Penal Code
and R.I. for ten years and to pay a fine of Rs.10,000/-
(rupees ten thousand), i.d., R.I. for two months for the
offence under section 6 of the POCSO Act and all the
substantive sentence were directed to run concurrently
by the learned Addl. Sessions Judge -cum- Special
Judge, Boudh in Special Case No. 20 of 2013 (POCSO
Act).
Perused the impugned judgment.
The petitioner earlier approached this Court last
time for bail in I.A. No.99 of 2021 and this Court taking
into account his period of detention in judicial custody
and absence of any chance of early hearing of the
appeal, granted interim bail for a period of three months
as per order dated 14.03.2022.
It appears from the surrender certificate filed by the
learned counsel for the petitioner that the petitioner
surrendered at right time after availing the interim bail
period. The case is not yet ready for hearing and the
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paper books have not yet been prepared.
Considering the submissions made by the learned
counsel for the respective parties, the period of detention
of the petitioner in judicial custody and his conduct in
complying with the earlier interim bail order, I am
inclined to release the petitioner on interim bail for a
period of three months from the date of release and he
shall surrender before the learned trial Court
immediately on expiry of three months period.
For the aforesaid period, let the appellant-petitioner
be released on interim bail 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 i.e. learned Addl.
Sessions Judge -cum- Special Judge, Boudh in Special
Case No. 20 of 2013 (POCSO Act) with further terms and
conditions as the learned Court may deem just and
proper subject to condition that while on interim bail, the
petitioner shall not indulge in any criminal activities in
any manner.
Violation of any terms and conditions shall entail
cancellation of interim bail.
I.A. is accordingly disposed of.
( S.K. Sahoo)
Judge
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CRLA No.805 of 2018
23. List this matter in the week commencing from
01.05.2023. Learned counsel for the appellant shall
produce the surrender certificate of the appellant on the
next date.
Urgent certified copy of this order be granted on
proper application.
( S.K. Sahoo)
Judge
RKM
