Abhi Mangar @ Dillip vs State Of Odisha
2023 Latest Caselaw 8109 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.1075 of 2022

              Abhi Mangar @ Dillip                  ....      Appellant/
              Nayak                                          Petitioner

                                   Mr. B. Nayak, Advocate

                                         -versus-

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

                                   Mr. Manoranjan Mishra
                                   Addl. Standing Counsel

                                    CORAM:
                               JUSTICE S.K. SAHOO
                                     ORDER

Order No.                          24.07.2023

                               I.A. No.2041 of 2022

   02.            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 363/366(A)/376(2)(i)/506 of the Indian Penal Code and section 4 of the POCSO Act and sentenced to undergo R.I. for a period of ten years and to pay a fine of Rs.5,000/- (rupees five thousand) for each of the offences punishable under section 4 of the POCSO Act and section 376(2)(i) of the Indian Penal Code and R.I. for a period of seven years and to // 2 //

pay a fine of Rs.5,000/- (rupees five thousand) for each of the offences punishable under sections 363/366/506 of the Indian Penal Code and in default of payment of total fine of Rs.25,000/- (rupees twenty five thousand), to undergo further R.I. for a period of six months and all the sentences were directed to run concurrently by the learned Additional Sessions Judge

-cum- Presiding Officer, Special Court under POCSO Act, Sundargarh in Special G.R. Case No.23 of 2014.

Perused the impugned judgment. Considering the submission made by the learned counsel for the petitioner that the petitioner has remained in custody for more than nine years out of ten years of substantive sentence imposed by the learned trial Court and there is no chance of early hearing of appeal in the near future inasmuch as paper book has not been prepared and on hearing the learned counsel for the State, 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 local solvent sureties each for the like amount to the satisfaction of the learned trial Court.

The I.A. is disposed of.

( S.K. Sahoo) Judge

// 3 //

I.A. No.2040 of 2022

03. Heard.

There shall be stay of realization of fine amount imposed by the learned trial Court on the appellant- petitioner till disposal of the criminal appeal.

The I.A. is disposed of.

Urgent certified copy of this order be granted as per rules.

( S.K. Sahoo) Judge

RKM

Signature Not Verified Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 25-Jul-2023 16:18:13