Orissa High Court
Pupuli @ Saurav Kumar vs State Of Odisha on 4 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.421 of 2016
Pupuli @ Saurav Kumar .... Appellant
Bisoi
Mr. P.R. Mishra, Advocate
-versus-
State of Odisha .... Respondent
Mr.Manoranjan Mishra
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 04.07.2023
05. Misc. Case No.1857 of 2016
This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This is an application for grant of bail.
The appellant-petitioner Pupuli @ Saurav
Kumar Bisoi has been convicted under sections
363/366/376(2)(g)/34 of the Indian Penal Code and
sentenced to undergo R.I. for a period of five years
and to pay a fine of Rs.10,000/- (rupees ten
thousand) and in default, to undergo further R.I. for
a period of four months for the offence under section
363/34 of the Indian Penal Code, to undergo R.I. for
a period of seven years and to pay a fine of
// 2 //
Rs.15,000/- (rupees fifteen thousand), in default, to
undergo R.I. for a further period of five months for
the offence under section 366/34 of the Indian Penal
Code and to undergo R.I. for a period of ten years
and to pay a fine of Rs.50,000/- (rupees fifty
thousand), in default, to undergo further R.I. for a
period of one year for the offence under section 376
(2)(g) of the Indian Penal Code and all the
substantive sentences were directed to run
concurrently by the learned Asst. Sessions Judge,
Special Track Court, Nayagarh in S.T. Case No.19/78
of 2013/2012.
Learned counsel for the petitioner submitted
that the petitioner was taken into judicial custody in
connection with this case on 30.01.2012 and he was
released on bail during trial and after pronouncement
of the judgment by the learned trial Court i.e. 16th
July 2016, he was again taken to judicial custody
and as such out of ten years of substantive sentence
imposed by the learned trial Court, the petitioner has
remained in custody for seven years and eight
months. Learned counsel further submitted that
there is no chance of early hearing of the appeal in
the near future, balance of convenience is in his
favour and therefore, the bail application may be
favouraly considered.
// 3 //
Learned counsel for the State opposed the
prayer for bail.
Considering the submissions made by the
learned counsel for the respective parties, the fact
that the petitioner was on bail during trial and there
is no allegation that he has misutilised the liberty
and taking into account the period of detention of 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 the learned trial Court including the
following conditions that he shall not indulge in any
criminal activities while on bail, he shall not try to
come in contact with the victim or her family
members and shall not involved in any criminal
activities while on bail.
The Misc. Case is disposed of.
( S.K. Sahoo)
Judge
Misc. Case No.1856 of 2016
06. This is an application for stay of realization of
fine.
// 4 //
Heard.
Considering the submissions made by the
learned counsel for the parties, let there be stay of
realization of fine amount imposed on the appellant-
petitioner pursuant to the judgment and order dated
16th July 2016 passed by the learned Asst. Sessions
Judge, Special Track Court, Nayagarh in S.T. Case
No.19/78 of 2013/2012 pending disposal of the
criminal appeal.
The Misc. Case is disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
Sipun
Signature Not Verified
Digitally Signed
Signed by: SIPUN BEHERA
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 05-Jul-2023 11:48:07
