Brundaban Sing vs State Of Odisha
2023 Latest Caselaw 5508 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            JCRLA No.47 of 2022

              Brundaban Sing                   ....   Appellant/
                                                    Petitioner

                                 Mr. J.K. Majhi, Advocate

                                    -versus-

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

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

Order No.                        09.05.2023
                             I.A. No. 25 of 2023

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

Heard Mr.J.K. Majhi, learned counsel appearing for the appellant-petitioner appearing through Virtual High Court, Balasore and Mrs. Susamarani Sahoo, learned Addl. Standing Counsel for the State.

This is an application for bail.

The appellant-petitioner has been convicted under section 376(1) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.5,000/- (rupees five thousand) and in default, to undergo further rigorous imprisonment for a further period of six months by the // 2 //

learned Asst. Sessions Judge, Spl. Track Court, Balasore vide judgment and order dated 16.02.2022 in Sessions Trial Case No.11/66 of 2021.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody for more than two years and six months, out of ten years of substantive sentence imposed on him by the learned trial Court and the victim appears to be the consenting party and there is no chance of early hearing of the appeal in the near future and balance of convenience is in his favour and therefore, the bail application may be favouraly considered.

Learned counsel for the State, on the other hand, opposed the prayer for bail and placed the evidence of the victim (P.W.3) and the doctor (P.W.5) who stated that there was no bodily injury on the person of the victim suggestive of any forcible sexual intercourse and there was no sign of sexual intercourse.

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced 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

// 3 //

the learned trial Court with such terms and conditions as the learned Court may deem just and proper.

The I.A. is disposed of.

( S.K. Sahoo) Judge

Sipun

SIPUN Digitally signed by SIPUN BEHER BEHERA Date: 2023.05.11

A 17:04:02 +05'30'