Orissa High Court
Sunil Kumar Das vs State Of Odisha on 31 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1162 of 2022
Sunil Kumar Das .... Appellant/
Petitioner
Mr. P.C. Jena, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Arupananda Das
Addl. Government Advocate
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 31.07.2023
I.A. No.2244 of 2022
04. 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 363/366/376(2)(i)/376(2)(n)/506 of
the Indian Penal Code read with section 6 of the
POCSO Act and sentenced to undergo 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
further undergo R.I. for a period of six months for the
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offence under section 376(2)(i) of the Indian Penal
Code, R.I. for a period of three years and to pay a fine
of Rs.1,000/- (rupees one thousand), in default of
payment of fine, to further undergo R.I. for a period
of one month for the offence under section 363 of the
Indian Penal Code, R.I. for a period of three years and
to pay a fine of Rs.1,000/- (rupees one thousand), in
default of payment of fine, to further undergo R.I. for
a period of one month for the offence under section
366 of the Indian Penal Code and R.I. for a period of
one year for the offence under section 506 of the
Indian Penal Code and no separate punishment is
awarded under section 376(2)(n) of the Indian Penal
Code and section 6 of the POCSO Act in view of
section 42 of the POCSO Act and all the substantive
sentences were directed to run consecutively by the
learned Additional Sessions Judge-cum- Special Court
under POCSO Act, Nayagarh in T.R. No.51 of 2016.
Perused the impugned judgment.
Learned counsel for the petitioner submitted that
the petitioner was taken into judicial custody on
28.07.2016 and he was released on bail on
17.10.2017, again he was taken into judicial custody
on 30.10.2017 and released on bail on 20.12.2017
and again he was taken into judicial custody on
26.09.2022 and since then he is in judicial custody.
Learned counsel further submitted that the evidence
of the victim would indicate that she was a consenting
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party and there is doubtful feature regarding the age
of the victim at the time of occurrence and there are
good chances of success in the appeal and balance of
convenience is in favour of the petitioner and there is
no chance of early hearing of appeal in the near future
and therefore, the bail application of the petitioner
may be favourably considered.
Learned counsel for the State, on the other hand,
opposed the prayer for bail and placed the evidence of
the victim (P.W.1).
Considering the submissions of learned counsel
for the respective parties, the nature of evidence
adduced during the trial, 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, the prayer for bail is allowed.
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.
Accordingly, the I.A. is disposed of.
( S.K. Sahoo)
Judge
I.A. No.2243 of 2022
05. Heard.
// 4 //
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: 01-Aug-2023 11:46:33
