Orissa High Court
Himanchal Sahu vs State Of Odisha on 4 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1096 of 2022
Himanchal Sahu .... Appellant/
Petitioner
Mr. J. Sahoo, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Rajesh Tripathy
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 04.05.2023
I.A. No.2092 of 2022
02. 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 376/506 of the Indian Penal Code 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, to undergo further R.I. for a period of four
months for the offence under section 376 of the Indian
// 2 //
Penal Code and R.I. for a period of six months for the
offence under section 506 of the Indian Penal Code and
both the substantive sentences were directed to run
concurrently by the learned Assistant Sessions Judge
(Women's Court), Bargarh in C.T. No.44 of 2015
(C.No.33 of 2020)/ Trial No.41 of 2020.
Perused the impugned judgment.
Learned counsel for the petitioner submitted that
the petitioner was on bail during trial and he has never
misutilised his liberty in any manner and placing the
evidence of the victim (P.W.3) and her mother-in-law
(P.W.11) so also the doctor (P.W.6), the petitioner has
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 opposed the prayer
for bail.
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
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
// 3 //
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.
The I.A. is disposed of.
( S.K. Sahoo)
Judge
I.A. No.2091 of 2022
03. 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
RKM
RABINDRA Digitally signed by
RABINDRA KUMAR
KUMAR MISHRA
Date: 2023.05.06
MISHRA 12:59:17 +05'30'
