Tutu @ Samendra vs State Of Odisha
2023 Latest Caselaw 5969 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.777 of 2021

              Tutu @ Samendra                    ....     Appellant/
              Narayan Das                               Petitioner

                                 Mr.D.D. Nayak,
                                 Senior Advocate

                                      -versus-

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

                                 Mr.P.B. Tripathy,
                                 Addl. Standing Counsel

                                  CORAM:
                             JUSTICE S.K. SAHOO

                                   ORDER

Order No.                        15.05.2023
                              I.A. No.1417 of 2021

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

Heard Mr. D.D. Nayak, learned Senior Advocate appearing for the appellant and Mr. P.B. Tripathy, learned Addl. Standing Counsel for the State.

This is an application for bail.

The appellant-petitioner Tutu @ Samendra Narayan Das has been convicted for the offences under sections 342/376 of the Indian Penal Code and sentenced to undergo R.I. for a period of ten years and // 2 //

to pay a fine of Rs.30,000/- (rupees thirty thousand), in default, to undergo R.I. for a further period of one year for the offence under section 376 of the Indian Penal Code and to undergo R.I. for a period of six months and to pay a fine of Rs.1,000/- (rupees one thousand), in default, to undergo R.I. for a further period of one month for the offence under section 342 of the Indian Penal Code and both the sentences were directed to run concurrently by the learned Addl. Sessions Judge, Bhubaneswar vide judgment dated 25.11.2021 passed in Crl. Trial No.94 of 2015.

Learned counsel for the petitioner submitted that the petitioner was on bail during trial and he has never misutilized the liberty and after pronouncement of judgment i.e. 25.11.2021, he has been taken into judicial custody. Learned counsel further submitted that the first information report was lodged on 06.09.2014 on which date, the occurrence was alleged to have been taken place and the victim (P.W.2) was examined by the doctor (P.W.5) on 07.09.2014 at about 12.00 p.m. and even though the victim has stated that she was raped twice on 06.09.2014 but the doctor did not find any bodily injury on her person and her clothings is having no physical clue and there is no definite sign on recent sexual intercourse. Learned counsel further submitted that in view of the nature of evidence adduced by the

// 3 //

prosecution during trial, there are good chances of success in the appeal and balance of convenience is in his favour and therefore, the bail application may be favouraly considered.

Learned counsel for the State, apart from placing the evidence of P.W.2 & P.W.5, placed the evidence of P.W.1, who stated that a girl came running inside his quarter wearing a towel and his mother provided a nighty to her and submitted that this evidence corroborates the evidence of the victim.

Learned counsel for the appellant, on the other hand, submitted that P.W.1 was declared hostile by the prosecution and the mother of P.W.1 being examined as P.W.6 has also not supported the prosecution case for which she was also declared hostile and she specifically stated that she did not know the victim (P.W.2).

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced during trial, the fact that the petitioner was on bail during trial and there is no material that he has misutilized the liberty while on bail, 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.

// 4 //

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.

( S.K. Sahoo) Judge

I.A. No.1416 of 2021

05. 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 by the learned Addl. Sessions Judge, Bhubaneswar vide judgment dated 25.11.2021 passed in Crl. Trial No.94 of 2015 pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

Signature Sipun Not Verified Digitally Signed Signed by: SIPUN BEHERA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 17-May-2023 13:33:32