Bapuji Beura @ Bapuji vs State Of Odisha
2023 Latest Caselaw 5599 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                               CRLA No.345 of 2023

              Bapuji Beura @ Bapuji               ....    Appellant/
              Kumar Beura                               Petitioner

                                   Mr. S.R. Mohapatra, Advocate

                                       -versus-

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

                                   Mr. Rajesh Tripathy
                                   Addl. Standing Counsel

                                      CORAM:
                                 JUSTICE S.K. SAHOO

                                     ORDER

Order No. 10.05.2023 I.A. No.748 of 2023

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

This is an application under Section 389 of Cr.P.C. for grant of bail.

Heard.

The appellant-petitioner has been convicted under sections 341/342/354-A(2)/109/34 of the Indian Penal Code and sections 10/17 of the POCSO Act and sentenced to undergo S.I. for a period of one month on each count for the offences under sections 341/342 of the Indian Penal Code, R.I. for a period of one year for the offences under section 354-A(2) of the Indian Penal // 2 //

Code read with section 109 of the Indian Penal Code, R.I. for a period of five years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo further S.I. for a period of one month for the offences under section 10 of the POCSO Act read with section 17 of the POCSO Act and all the sentences were directed to run concurrently by the learned Adhoc Additional Sessions Judge (FTSC), Angul in Special (POCSO) Case No.172 of 2013/T.R. No.03 of 2021 (T.R. No.07 of 2020).

Perused the impugned judgment. Considering the submission made by the learned counsel for the petitioner that the petitioner was on bail during trial and he has never misutilised his liberty and there is no chance of early hearing of appeal in the near future and balance of convenience is in favour of the petitioner and on hearing the learned counsel for the State, who placed the evidence of the victim (P.W.1) and the doctor (P.W.6), 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 local 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

// 3 //

I.A. No.749 of 2023

03. Heard.

There shall be stay of realization of fine amount imposed by the learned trial Court on the appellant- petitioner till disposal of the criminal appeal.

The I.A. is disposed of.

Urgent certified copy of this order be granted as per rules.

( S.K. Sahoo) Judge RKM

RABINDR Digitally signed by RABINDRA A KUMAR KUMAR MISHRA Date: 2023.05.12 MISHRA 15:01:21 +05'30'