Orissa High Court
K. Lachhanna vs State Of Odisha on 3 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.513 of 2020
K. Lachhanna .... Appellant/
Petitioner
Mr. S.K. Samantaray, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. P.B. Tripathy,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 03.07.2023
05. 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
section 366 of the Indian Penal Code and section 6 of
the POCSO Act and sentenced to undergo R.I. for a
period of seven years and to pay a fine of Rs.10,000/-
(rupees ten thousand), in default of payment of fine,
to undergo further R.I. for a period of one year for the
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offence under section 363 of the Indian Penal Code
and R.I. for a period of ten years and to pay a fine of
Rs.10,000/- (rupees ten thousand), in default of
payment of fine, to undergo further R.I. for a period of
one year and both the substantive sentences were to
run concurrently by the learned 3rd Additional Sessions
Judge -cum- Presiding Officer, Children's Court,
Cuttack in Special G.R. Case No.87 of 2017.
Perused the impugned judgment.
Learned counsel for the appellant-petitioner
submitted that the petitioner was taken into judicial
custody in connection with this case on 03.07.2017
and he was never released on bail during trial and
during pendency of the appeal as per the order dated
05.12.2022 in I.A. No.758 of 2022, he was released on
interim bail for a period of one month and after
availing the same, he has already surrendered and as
such out of ten years of substantive sentence imposed
by the learned trial Court, the petitioner has already
undergone substantive sentence of six years. He
further submitted that there are good chances of
success in the appeal and there is no chance of early
hearing of appeal in the near future and balance of
convenience is in favour of the petitioner and
therefore, the bail application of the petitioner may be
favourably considered.
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Learned counsel for the State on the other hand,
opposed the prayer for bail and submitted that the
victim girl has been examined as P.W.2 in the trial
Court who is aged about four years at the time of
occurrence and she has specifically implicated the
petitioner and the doctor (P.W.16) has also stated that
insertion of the finger to the private part of the victim
cannot be ruled out.
Considering the submissions made by the learned
counsel for the respective parties, the nature of
evidence adduced by the prosecution during trial, the
conduct of the petitioner in complying with the earlier
interim bail order and absence of any chance of early
hearing of the appeal in the near future, while not
inclining to release the petitioner on bail on merit, I am
inclined to release him on interim bail for a period of
three months from the date of release. The petitioner
shall immediately surrender before the learned Court
below on expiry of the said three months period.
For the above period, let the petitioner be
released on interim bail to the satisfaction of the
learned trial Court in connection with the aforesaid
case on furnishing bail bond of Rs.50,000/-(rupees fifty
thousand) each with two local solvent sureties each for
the like amount to the satisfaction of the learned Court
in seisin over the matter including the conditions that
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he shall not indulge in any criminal activities. Violation
of any of the conditions shall entail cancellation of bail.
The I.A. is disposed of accordingly.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
CRLA No.513 of 2020
06. List this matter in the week commencing from 9th
October 2023.
Learned counsel for appellant shall file the
surrender certificate of appellant by the next date.
( S.K. Sahoo)
Judge
p
Signature Not Verified
Digitally Signed
Signed by: PRAVAKAR NAYAK
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 06-Jul-2023 14:24:36
