Orissa High Court
Bajeban Putel vs State Of Odisha on 21 June, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.279 of 2023
Bajeban Putel .... Appellant/
Petitioner
Mr.S.N. Mishra, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr.P.B. Tripathy
Addl.Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 21.06.2023
I.A. No.605 of 2023
02. This matter is taken up through Hybrid Arrangement
(Video Conferencing/Physical Mode).
Heard learned counsel for the petitioner and learned
counsel for the State.
This is an application for bail.
The appellant-petitioner has been convicted for the
offences under sections 376(2)(n)/323 of the Indian
Penal Code read and sentenced to undergo rigorous
imprisonment for a period of ten years and to pay a fine
of Rs.10,000/- (rupees ten thousand) and in default, to
undergo rigorous imprisonment for a further period of
// 2 //
three months for the offence under section 376(2)(n) of
the Indian Penal Code and to undergo rigorous
imprisonment for six months for the offence under
section 323 of the Indian Penal Code and both the
substantive sentences were directed to run concurrently
by the learned Asst. Sessions Judge (Women's Court),
Bhawanipatna vide judgment and order dated
01.02.2023 in C.T. (Sessions) Case No.113 of 2021.
Learned counsel for the petitioner submitted that the
petitioner was on bail during trial and he has never
misutlized his liberty. Learned counsel further submitted
that the victim was major at the time of occurrence and
as per the evidence on record, she accompanied the
petitioner to Andhra Pradesh and stayed there with him
for two months and she appears to be a consenting party
and the petitioner has got a fair chance of success in the
appeal and balance of convenience lies in his favour and
therefore, the bail application of the petitioner may be
favouraly considered.
Learned counsel for the State submitted that the
victim is a mentally retarded girl.
Learned counsel for the petitioner, on the other
hand, pointed out from paragraph no.8 of the impugned
judgment from which it appears that the learned trial
Court has come to the conclusion in the absence of any
expert opinion as regard to mental health of the victim, it
// 3 //
is difficult to believe that victim was mentally retarded at
the time of occurrence.
Considering the submissions made by the learned
counsel for the respective parties, nature of evidence
adduced by the prosecution during trial, period of
detention of the petitioner in judicial custody and the
fact that the petitioner was on bail during trial and there
is no material that he has misutilized his liberty in any
manner while on bail, the sentence imposed by the
learned trial Court 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 with such terms and conditions as
the learned Court may deem just and proper.
The I.A. is disposed of.
( S.K. Sahoo)
Judge
I.A. No.606 of 2023
03. This is an application for stay of realization of fine.
Heard.
There shall be stay of realization of fine amount
// 4 //
imposed on the appellant-petitioner pursuant to the
judgment and order dated 01.02.2023 passed by the
learned Asst. Sessions Judge (Women's Court),
Bhawanipatna vide judgment and order dated
01.02.2023 in C.T. (Sessions) Case No.113 of 2021
pending disposal of the criminal appeal.
The I.A. is disposed of.
Issue 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: 22-Jun-2023 16:26:12
