Chunuram Mohanta vs State Of Odisha
2023 Latest Caselaw 1964 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.394 of 2022

              Chunuram Mohanta                      ....      Appellant/
                                                             Petitioner

                                   Mr. R.K. Pradhan, Advocate

                                         -versus-

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

                                   Mr. P.B. Tripathy
                                   Addl. Standing Counsel

                                   CORAM:
                              JUSTICE S.K. SAHOO
                                     ORDER

Order No. 06.03.2023

I.A. No.766 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 376(2)(f)/376(2)(i)/376(2)(j) of the Indian Penal Code read with sections 4/6 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), in default, to further undergo // 2 //

R.I. for a period of three months for the offence under section 6 of the POCSO Act and R.I. for a period of seven years and to pay a fine of Rs.3,000/- (rupees three thousand), in default, to further undergo R.I. for a period of one month for the offence under section 4 of the POCSO Act and no separate sentence was awarded under sections 376(2)(f)/376(2)(i)/376(2)(j) of the Indian Penal Code in view of the provision under section 42 of the POCSO Act and both the substantive sentences were directed to run concurrently by the learned Presiding Officer, Special Court under POCSO Act, Mayurbhanj, Baripada in C.T. Case No.24 of 2016.

Perused the impugned judgment.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 29.02.2016 and thus, out of ten years of substantive sentence imposed by the learned trial Court, he has already undergone seven years of substantive sentence and there is no chance of early hearing of appeal in the near future since it is an appeal in the year 2022 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.3), who was a girl aged about nine years and also the doctor (P.W.8).

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Considering the submissions of learned counsel for the respective parties, the nature of evidence adduced by the victim and the doctor during the trial and other materials available on record, while not inclining to release the petitioner 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 the near future, I am inclined to release the petitioner on interim bail for a period of three months from the date of release and the petitioner shall surrender before the learned trial Court immediately on expiry of the three months period.

For the above period, let the appellant-petitioner be released on interim bail in 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 satisfaction of the learned trial Court subject to condition that during the period of interim bail, the petitioner shall not enter into village Ittamunda under the jurisdiction of Baripada Sadar police station and he shall not try to keep any contact either with the victim or her family members and he shall not indulge in any criminal activities in any manner and he shall report before the Inspector in- charge of Baripada Sadar police station once in a week on every Sunday in between 10.00 a.m. to 4.00

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p.m. The Inspector in-charge of Baripada Sadar police station shall keep a close watch over the activities of the petitioner while on interim bail.

Violation of any terms and conditions shall entail cancellation of interim bail.

Accordingly, the I.A. is disposed of. A free copy of the order be handed over to the learned counsel for the State, which will be forwarded to the Inspector in-charge of Baripada Sadar police station for compliance.

( S.K. Sahoo) Judge

I.A. No.765 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 CRLA No.394 of 2022

07. List this matter in the week commencing from

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26.06.2023. Learned counsel for the appellant shall produce the surrender certificate of the appellant on the next date.

( S.K. Sahoo) Judge RKM