Orissa High Court
Hrusikesh Mahananda vs State Of Odisha on 9 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1173 of 2022
Hrusikesh Mahananda .... Appellant
Mr. D.K. Patra, Advocate
-versus-
State of Odisha .... Respondent
Mrs. Susamarani Sahoo,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 09.05.2023
I.A. No.2268 of 2022
03. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
This is an application for bail.
The appellant-petitioner Hrusikesh Mahananda has
been convicted under section 323/376/511 of the Indian
Penal Code and section 8 of POCSO Act and sentenced to
undergo rigorous imprisonment for a period of seven
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 three months for the
offence under section 376/511 of the Indian Penal Code,
to undergo rigorous imprisonment for a period of three
years and to pay a fine of Rs.4,000/- (rupees four
thousand), in default, to under rigorous imprisonment for
a further period of two months for the offence under
// 2 //
section 8 of the POCSO Act and to pay a fine of
Rs.1,000/- (rupees one thousand), in default, to undergo
one month of rigorous imprisonment for the offence under
section 323 of the Indian Penal Code and all the
substantive sentences were directed to run concurrently
by the learned Addl. Sessions Judge -cum- Children's
Court, Sonepur vide judgment and order dated
09.12.2022 in Special G.R. Case No.622 of 2016.
Learned counsel for the petitioner submitted that the
substantive sentence imposed on him by the learned trial
Court is for seven years and the petitioner was on bail
during trial 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.12) and the doctor (P.W.15) who stated that
there was no bodily injury found on the person of the
victim and no sign and symptoms of recent sexual
intercourse.
Considering the submissions made by the learned
counsel for the respective parties, the nature of evidence
adduced during trial, the substantive sentence imposed on
the petitioner, the fact that the petitioner was on bail
during trial and there is no allegation that he has
misutilized the liberty and absence of any chance of early
// 3 //
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.
The I.A. is disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
I.A. No. 2269 of 2022
04. 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 order
dated 09.12.2022 passed by the learned Addl. Sessions
Judge -cum- Children's Court, Sonepur in Special G.R. Case
No.622 of 2016 pending disposal of the criminal appeal.
The I.A. is disposed of.
Issue certified copy as per rules.
( S.K. Sahoo)
Judge
Sipun
SIPUN Digitally signed
by SIPUN BEHERA
BEHERA Date: 2023.05.11
17:02:40 +05'30'
