Sudhakar Prusty vs State Of Odisha
2023 Latest Caselaw 5411 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.481 of 2023

              Sudhakar Prusty                    ....     Appellant/
                                                        petitioner

                                   Mr.S.R.Mohapatra, Advocate

                                     -versus-

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

                                   Mr.ArupanandaDas
                                   Addl.Govt.Advocate
                                  CORAM:
                             JUSTICE S.K. SAHOO
                                     ORDER

Order No.                          08.05.2023
                             CRLA No.481 of 2023

   01.           This     matter    is   taken    up    through   Hybrid

arrangement (video conferencing/physical mode).

Heard.

Admit.

Call for the trial Court records.

( S.K. Sahoo) Judge

I.A. No. 1057 of 2023

02. This is an application for grant of bail.

The appellant-petitioner Sudhakar Prusty has been convicted under section 342 of the Indian Penal Code read with section 8 of the POCSO Act and sentenced to // 2 //

undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.2,000/- (rupees two thousand) and in default, to undergo further R.I. for a period of one month for the offence under section 8 of the POCSO Act and to undergo rigorous imprisonment for a period of one year for the offence under section 342 of the Indian Penal Code and both the sentences were directed to run concurrently by the learned Addl. Sessions Judge -cum- Special Court under POCSO Act, Phulbani in C.T. Case No.43 of 2020.

Considering the submissions made by the learned counsel for the respective parties, the sentence imposed by the learned trial Court, the fact that the petitioner was on bail during trial and also after conviction and there is no allegation that he has misutilised the liberty and absence of 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.

The I.A. is disposed of.

( S.K. Sahoo) Judge

// 3 //

I.A. No.1058 of 2023

03. This is an application for stay of realization of fine.

Heard.

Considering the submissions made by the learned counsel for the parties, let there be stay of realization of fine amount imposed on the appellant-petitioner pursuant to the judgment and order dated 20.04.2023 passed by the Addl. Sessions Judge -cum- Special Court under POCSO Act, Phulbani in C.T. Case No.43 of 2020 pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge Sipun

SIPUN Digitally signed by SIPUN BEHERA

BEHERA Date: 2023.05.10 10:17:20 +05'30'