Orissa High Court
Rabindra Rana @ Kalia vs State Of Odisha on 21 June, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.932 of 2022
Rabindra Rana @ Kalia .... Appellant/
Petitioner
Ms. Reshma Behera, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Arupananda Das,
Addl. Government Advocate
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 21.06.2023
I.A. No.1742 of 2022
05. 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 363/377/506 of the Indian Penal Code and
section 4 of the POCSO Act and sentenced to undergo
R.I. for a period of twenty years and to pay a fine of
Rs.20,000/- (rupees twenty thousand), in default, to
further undergo R.I. for a period of one year for the
offence under section 4(2) of the POCSO Act, 2012 and
// 2 //
no separate punishment is awarded under sections
363/377/506 of the Indian Penal Code in view of section
42 of the POCSO Act by the learned Adhoc Additional
Sessions Judge (FTSC) under POCSO Act, Berhampur in
G.R. Case No.16 of 2014/T.R. No.14 of 2021 (FTSC).
Perused the impugned judgment.
Learned counsel for the appellant-petitioner
submitted that the petitioner was on bail during trial and
he has never misutilised his liberty and after the
impugned judgment, he has been taken into judicial
custody. He further submitted that there is no chance of
early hearing of appeal in the near future and balance of
convenience is in favour of the petitioner and therefore,
the bail application of the petitioner may be favourably
considered.
As per the order dated 03.04.2023, the learned
counsel for the State has produced the report of the
Inspector in-charge of Digapahandi police station dated
12.05.2023 from which it appears that the victim boy is
now aged about twenty years and he is unmarried and
he is continuing his studies and residing with his parents
at Digapahandi and the petitioner is having no criminal
antecedent. The report furnished by the learned counsel
for the State is taken on record.
Considering the submissions of learned counsel for
the respective parties, the nature of evidence adduced by
the prosecution during trial and the fact that the
// 3 //
petitioner was on bail during trial and there is no
allegation of misutilization of his liberty while on bail 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.1741 of 2022
06. 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
Signature Not Verified
RKM
Digitally Signed
Signed by: RABINDRA KUMAR MISHRA
Designation: Personal Assistant
Reason: Authentication
Location: ORISSA HIGH COURT, CUTTACK
Date: 22-Jun-2023 14:25:48
