Orissa High Court
Sushanta Naik vs State Of Odisha on 31 July, 2023
Signature Not Verified
Digitally Signed
Signed by: SIPUN BEHERA
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 01-Aug-2023 17:27:35
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.174 of 2020
1. Sushanta Naik
2. Prasanta Naik .... Appellants
Mr. B.B. Routray, Advocate
-versus-
State of Odisha .... Respondent
Mr.Manoranjan Mishra
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 31.07.2023
I.A. No.928 of 2023
15. 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 of appellant-petitioner no.1 Sushanta
Naik.
Heard.
The appellant-petitioner no.1 Sushanta Naik has
been convicted under sections 366/376-D/506/34 of
the Indian Penal Code read with section 6 of the
POCSO Act and sentenced to undergo 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
further period of six months for the offence under
Signature Not Verified // 2 //
Digitally Signed
Signed by: SIPUN BEHERA
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 01-Aug-2023 17:27:35
section 366 of the Indian Penal Code, to undergo R.I.
for a period of twenty years and to pay a fine of
Rs.10,000/- (Rupees ten thousand), in default, to
undergo R.I. for a further period one year for the
offence under section 376-D of the Indian Penal Code
and sentenced to undergo R.I. for a period of one
year for the offence under section 506 of the Indian
Penal Code and no separate sentence has been
awarded for the offence under section 6 of the POCSO
act in view of section 42 of the POCSO Act and all the
substantive sentences were directed to run
concurrently by the learned Addl. Sessions Judge -
cum- Special Judge (POCSO), Angul in Special
(POCSO) Case No.66 of 2015.
Perused the impugned judgment.
Learned counsel for the petitioner no.1 submitted
that the petitioner is in judicial custody since
21.08.2015 and neither he has been released on bail
during pendency of the trial nor he has been released
on bail since filing of the criminal appeal and thus, he
has already undergone substantive sentence of seven
years and eleven months. Learned counsel further
submitted that since there is no chance of early
hearing of the appeal in the near future and it is an
appeal of the year 2020 and the appellant no.2
Prasanta Naik has already been released on bail by this
Signature Not Verified // 3 //
Digitally Signed
Signed by: SIPUN BEHERA
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 01-Aug-2023 17:27:35
Court, therefore, the bail application of the petitioner
no.1 may be favourbly considered.
Learned counsel for the State opposed the prayer
for bail and submitted that the case of the petitioner
no.1 Sushanta Naik is distinguishable from the case of
the appellant no.2 Prasanta Naik who has been
released on bail on 04.04.2022 passed in I.A. No.364
of 2020.
Considering the submissions made by the learned
counsel for the respective parties, the nature of
evidence adduced by the victim P.W.1 and the doctor
(P.W.14), while not inclining to release the petitioner
no.1 on bail on merit, but 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 near future, I am inclined to release
petitioner no.1 on interim bail for a period of three
months from the date of release. The petitioner no.1
shall immediately surrender before the learned Court
below on expiry of the said three months period.
For the above period, let the petitioner no.1-
Sushanta Naik 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) with two local
solvent sureties each for the like amount to the
Signature Not Verified // 4 //
Digitally Signed
Signed by: SIPUN BEHERA
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 01-Aug-2023 17:27:35
satisfaction of the learned Court in seisin over the
matter including the conditions that he shall not try to
come in contact with the victim or any prosecution
witnesses, shall not indulge in any criminal activities.
Violation of any of the conditions shall entail
cancellation of bail.
The I.A. is accordingly disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
CRLA No. 174 of 2020
16. List this matter in the week commencing from 6th
November 2023.
Learned counsel for the appellant no.1 shall file
the surrender certificate of the appellant by the next
date.
( S.K. Sahoo)
Judge
sipun
