Nimesh Sunani vs State Of Odisha
2023 Latest Caselaw 5972 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.528 of 2023

              Nimesh Sunani                     ....       Appellant/
                                                         Petitioner

                                  Mr.B.K. Panda, Advocate

                                    -versus-

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

                                  Mr.Arupananda Das
                                  Addl.Govt. Advocate
                                 CORAM:
                            JUSTICE S.K. SAHOO
                                    ORDER

Order No.                         15.05.2023
                              CRLA No.528 of 2023
   01.           This    matter    is   taken      up    through     Hybrid

arrangement (video conferencing/physical mode). Heard.

Admit.

Call for the trial Court records.

( S.K. Sahoo) Judge I.A. No.1172 of 2023

02. This is an application for bail.

Heard.

The appellant-petitioner Nimesh Sunani has been // 2 //

convicted under section 354(D) of the Indian Penal Code and under section 12 of the POCSO Act and sentenced to undergo R.I. for a period of one year and to pay a fine of Rs.3,000/- (rupees three thousand), in default, to undergo R.I. for a further period of three months for the offence under section 354(D) of the Indian Penal Code and to undergo R.I. for a period of two years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo R.I. for a further period of six months for the offence under section 12 of the POCSO Act and both the substantive sentences were directed to run concurrently by the learned Addl. Sessions Judge -cum- Special Judge (POCSO), Nuapada vide judgment dated 25.04.2023 in S.A. Case No.18 of 2021/T.R. No.30 of 2022.

Learned counsel for the petitioner submitted that the petitioner was on bail during trial and he has never misutilized the liberty. Learned counsel further submitted that 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.

Considering the submissions made by the learned counsel for the respective parties, the nature of

// 3 //

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 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 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.1173 of 2023

03. 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 -cum- Special Judge (POCSO), Nuapada vide judgment dated 25.04.2023 in S.A. Case No.18 of 2021/T.R. No.30 of 2022 pending disposal of the criminal appeal.

// 4 //

The I.A. is disposed of.

Issue certified copy as per rules.

( S.K. Sahoo) Judge

sipun

Signature Not Verified Digitally Signed Signed by: SIPUN BEHERA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 17-May-2023 13:33:31