Orissa High Court
Bishnu Prasad Baral vs State Of Odisha on 8 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.482 of 2023
Bishnu Prasad Baral .... Appellant/
Petitioner
Mr.Anirudha Das, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr.Arupananda Das
Addl. Govt. Advocate
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 08.05.2023
01. This matter is taken up through Hybrid Arrangement
(Video Conferencing/Physical Mode).
Heard
Admit
Call for trial Court records.
( S.K. Sahoo)
Judge
I.A. No. 1059 of 2023
02. This is an application for bail.
The appellant-petitioner has been convicted under
sections 354 & 341 of the Indian Penal Code read and
section 8 of the POCSO Act and sentenced to undergo
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rigorous imprisonment for a period of three years and to
pay a fine of Rs.5,000/- (rupees five thousand) and in
default, to undergo rigorous imprisonment for a further
period of six months for the offence under section 354 of
the Indian Penal Code, to undergo simple imprisonment
for a period of one month for the offence under section
341 of the Indian Penal Code and to undergo rigorous
imprisonment for a period of three years and to pay a
fine of Rs.5,000/- (rupees five thousand) and in default,
to undergo rigorous imprisonment for a further period of
six months for the offence under section 8 of the POCSO
Act and all the substantive sentences were directed to
run concurrently by the learned Addl. Sessions Judge -
cum- Special Judge -cum- Special Court under POCSO
Act, Dhenkanal vide judgment and order dated
22.04.2023 in C.T. (Spl) (P) Case No.16 of 2022.
Learned counsel for the petitioner submitted that the
petitioner was on bail during trial and was also on bail
after conviction and he has never misutilized the liberty.
He further submitted that 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, on the other hand,
opposed the prayer for bail.
Considering the submissions made by the learned
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counsel for the respective parties, the nature of evidence
adduced during trial, the fact that the appellant was on
bail during trial 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. Violation
of any of the conditions shall entail cancellation of bail.
The I.A. is disposed of.
( S.K. Sahoo)
Judge
I.A. No. 1060 of 2023
03. This is an application for stay of realization of fine.
Heard.
There shall be stay of realization of fine amount
imposed on the appellant-petitioner pursuant to the
judgment and order dated 22.04.2023 passed by the
learned Addl. Sessions Judge -cum- Special Judge -cum-
Special Court under POCSO Act, Dhenkanal in C.T. (Spl)
(P) Case No.16 of 2022 pending disposal of the criminal
appeal.
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The I.A. is disposed of.
Issue certified copy as per rules.
( S.K. Sahoo)
Judge
Sipun
Digitally signed
SIPUN byBEHERA
SIPUN
BEHERA Date: 2023.05.10
10:19:37 +05'30'
