Sarathi Sahu vs State Of Odisha
2023 Latest Caselaw 5521 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.411 of 2022

              Sarathi Sahu                     ....      Appellant/
                                                       Petitioner

                                 Mr.A.Tripathy, 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. 1610 of 2022

08. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This is an application for grant of bail. The appellant-petitioner Sarathi Sahu has been convicted under section 376(2)(i) of the Indian Penal Code read with sections 4 & 6 of the POCSO Act and sentenced to undergo R.I. for a period of ten years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo R.I. for a period of one year for the offence under section 376(2)(i) of the Indian Penal Code and in view of section 42 of the POCSO Act, no separate sentence has been awarded for the offences under sections 4 & 6 of the POCSO Act by the learned // 2 //

Addl. Sessions Judge -cum- Special Judge (POCSO), Angul in Special (POCSO) Case No.94 of 2016.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 04.09.2016 and as such he has already undergone six years and eight months of sentence out of ten years of substantive sentence imposed by the learned trial Court. Learned counsel further submitted that there is no chance of early hearing of the appeal in the near future since it is an appeal of the year 2022 and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State as per the previous order passed by this Court has obtained written instruction dated 15.04.2023 received from the Inspector in-charge of Angul Police Station from which it appears that there is no criminal antecedent against the petitioner and the victim is pursuing her study and staying with her parents.

Learned counsel for the State opposed the prayer for bail mainly on the ground that it is a heinous crime and the victim is a minor girl.

Considering the submissions made by the learned counsel for the respective parties, the evidence of the victim adduced in the trial Court, the nature and gravity of the accusation, while not inclining to release the petitioner on bail on merit, I am inclined to release the

// 3 //

petitioner on interim bail for a period of three months and the petitioner shall surrender before the learned trial Court on expiry of the said interim period.

For the above period, let the petitioner be released on interim bail to the satisfaction of the learned trial Court in connection with the aforesaid case on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter including the following conditions that he shall not indulge in any criminal activities while on bail, he shall not try to come in contact with the victim and the Inspector in-charge, Angul Police Station, Cuttack shall keep a close eye on the activities of the petitioner.

Violation of any of the terms and conditions shall entail cancellation of interim bail.

Accordingly, the I.A. is disposed of. A free copy of the order be handed over to the learned counsel for the State for onward transmission to the Inspector in-charge of Angul Police Station.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

I.A. No.1609 of 2022

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

Heard.

There shall be stay of realization of fine amount

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imposed on the appellant-petitioner pursuant to the judgment dated 11.02.2019 passed learned Addl. Sessions Judge -cum- Special Judge (POCSO), Angul in Special (POCSO) No.94 of 2016 pending disposal of the criminal appeal.

The I.A. is disposed of.

( S.K. Sahoo) Judge CRLA No.411 of 2022

10. List this matter in the week commencing from 14th August 2023.

Learned counsel for the appellant shall file the surrender certificate of the appellant by the next date.

( S.K. Sahoo) Judge Sipun

SIPUN Digitally signed by SIPUN BEHERA

BEHERA 16:56:07 +05'30' Date: 2023.05.11