Manoj Kumar Jena vs State Of Odisha
2023 Latest Caselaw 5135 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.348 of 2019

             Manoj Kumar Jena                  ....      Appellant/
                                                       Petitioner

                                 Mr.S.S. Ray-2, Advocate

                                    -versus-

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

                                 Mrs.Susamarani Sahoo,
                                 Addl. Standing Counsel
                                 CORAM:
                            JUSTICE S.K. SAHOO
                                   ORDER

Order No.                        04.05.2023
                            I.A. No.1887 of 2022

17. This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

Learned counsel for the petitioner does not want to press this application for interim bail.

The I.A. stands disposed of as not pressed.

( S.K. Sahoo) Judge I.A. No.854 of 2019

18. This is an application for bail.

The appellant-petitioner has been convicted under sections 376-D of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of twenty five years and to pay a fine of Rs.50,000/- (rupees // 2 //

twenty thousand) and in default, to undergo further rigorous imprisonment for a further period of one year by the learned Special Judge (POCSO) -cum- 2nd Addl. Sessions Judge, Berhampur, Ganjam vide judgment dated 26.03.2019 in G.R. Case No.22 of 2016.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 19.03.2016 and he has remained in custody for more than seven years and it is a criminal appeal of the year 2019 and there is no chance of early hearing of the appeal in the near future and therefore, the bail application may be favouraly considered.

As per the order dated 12.04.2023, learned counsel for the State has produced the written instruction received from the Inspector in-charge of B.N. Pur Police Station dated 03.05.2023 which indicates that the appellant has got no criminal antecedent and produced the custody certificate from which it appears that the petitioner has undergone more than seven years of substantive sentence imposed on him by the learned trial Court. Learned counsel on instruction further submitted that the victim has not yet been married and presently residing at Chandan Nagar, 5th Lane, PS-Gosaninuagaon, Berhampur, District-Ganjam with her parent. Both the written instructions and custody certificate are taken on record.

Learned counsel for the State opposed the prayer for bail and submitted that it is a case of gang rape and the victim (P.W.1) has supported the prosecution case and his evidence is corroborated by the medical evidence adduced

// 3 //

by the doctor (P.W.9).

Considering the submissions made by the learned counsel for the respective parties, the nature and gravity of the accusation and the period of detention of the petitioner in judicial custody, while not inclining to release the petitioner on bail, I am inclined to release him on interim bail for a period of three months from the date of release. The petitioner shall immediately surrender before the learned Court below on expiry of the said three months period.

For the above period, let the petitioner be released on interim bail to the satisfaction of the learned trial Court in connection with the aforesaid case on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter including the conditions that he shall not come in contact with the victim or any of her family members and he shall not indulge in any criminal activities while on interim bail.

Violation of any of the conditions shall entail cancellation of bail.

The I.A. is disposed of accordingly. Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge I.A. No.855 of 2019

19. 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 dated 26.03.2019 passed Special Judge (POCSO) -cum- 2nd Addl. Sessions Judge, Berhampur, Ganjam in G.R. Case No.22 of 2016 pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue certified copy as per rules.

( S.K. Sahoo) Judge

CRLA No.348 of 2019

20. List this matter in the week commencing from 14th August 2023.

Learned counsel for appellant shall file the surrender certificate of appellant by the next date.

( S.K. Sahoo) Judge

Sipun

Digitally signed by SIPUN SIPUN BEHERA BEHERA Date: 2023.05.06 13:01:50 +05'30'