Pankaj Khamari vs State Of Odisha
2023 Latest Caselaw 5413 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.470 of 2023

              Pankaj Khamari                     ....     Appellant/
                                                        Petitioner

                                   Mr.S.K.Mishra, 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
                             CRLA No.470 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. 1036 of 2023

02. This is an application for grant of bail.

The appellant-petitioner Pankaj Khamari has been convicted under section 12 of the POCSO Act and sentenced to undergo rigorous imprisonment for a // 2 //

period of three years and to pay a fine of Rs.20,000/- (rupees twenty thousand) and in default, to undergo further R.I. for a period of four months the offence under section 12 of the POCSO Act and no separate sentence has been awarded for the offence under section 354-A(2) of the Indian Penal Code by the learned Addl. Sessions Judge -cum- Children's Court, Sonepur in Spl. G.R. Case No.233 of 2014.

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 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 I.A. No.1037 of 2023

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

Heard.

Considering the submissions made by the learned

// 3 //

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 24.04.2023 passed by the Addl. Sessions Judge -cum- Children's Court, Sonepur in Spl. G.R. Case No.233 of 2014 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

        BEHERA    Date: 2023.05.10
                  10:12:52 +05'30'