Orissa High Court
Gudu Naik vs State Of Odisha on 9 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.798 of 2022
Gudu Naik .... Appellant/
Petitioner
Mr.S.N. Mishra-4, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr.Rajesh Tripathy,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
09.05.2023
I.A. No. 1520 of 2022
06. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This is an application for grant of bail.
The appellant-petitioner Gudu Naik has been
convicted under sections 363/366/34, section
376(2)(i)(n) of the Indian Penal Code and section 6
of the POCSO Act and sentenced to undergo rigorous
imprisonment for a period of seven years and to pay
a fine of Rs.10,000/- (rupees ten thousand) and in
default, to undergo further R.I. for a period of six
months more for each of the offences under sections
363, 366/34 of the Indian Penal Code and to
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undergo rigorous imprisonment for a period of twelve
years and to pay a fine of Rs.10,000/- (rupees ten
thousand) and in default, to undergo further R.I. for
a period of six months more for each of the offence
under section 376(2)(i)(n) of the Indian Penal Code
and no separate sentence has been imposed for the
offence under section 6 of the POCSO Act and both
the sentences were directed to run concurrently by
the learned Adhoc Addl. Sessions Judge(FTSC),
Bhadrak in Special (POCSO) Case No. 09 of
2017/FTSC Trial No. 236 of 2021.
Learned counsel for the petitioner submitted
that the petitioner is in judicial custody since
23.01.2017 and as such, out of twelve years of
substantive sentence imposed by the learned trial
Court, the petitioner has already undergone sentence
of more than six years and there is absence of
chance of early hearing of the appeal in the near
future and balance of convenience is in his favour
and therefore, the bail application of the petitioner
may be favourably considered.
Learned counsel for the State opposed the
prayer for bail and placed the evidence of the two
victims, i.e. P.W.2 and P.W.4 so also the doctor
(P.W.14).
As per the previous order, learned counsel for
the State has produced the written instruction from
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the Inspector in-charge of Agarpada police station
dated 07.05.2023 from which it appears that the
victim has already got married and she is having a
male child and she is staying with her husband. The
written instruction is taken on record.
Considering the submission made by the
learned counsel for the respective parties, the nature
of evidence adduced during trial, the sentence
imposed by the learned trial Court, the period
already undergone by the petitioner in judicial
custody 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.
The I.A. is disposed of.
( S.K. Sahoo)
Judge
I.A. No. 1521 of 2022
07. This is an application for stay of realization of
fine.
Heard.
Considering the submissions made by the learned
// 4 //
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 28.02.2022
passed by the Adhoc Addl. Sessions Judge (FTSC),
Bhadrak in Special (POCSO) Case No. 09 of
2017/FTSC Trial No. 236 of 2021 pending disposal of
the criminal appeal.
The I.A. is disposed of.
Issue urgent certified copy as per Rules.
Digitally signed by
PRAMOD PRAMOD KUMAR SAHOO
KUMAR SAHOO Date: 2023.05.11 10:41:05 ( S.K. Sahoo)
+05'30'
Judge
PKSahoo
