Orissa High Court
Digambar Majhi vs State Of Odisha on 15 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.585 of 2019
Digambar Majhi .... Appellant/
Petitioner
Mr. B.R. Swain, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Priyabrata Tripathy
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
15.05.2023
I.A. No.136 of 2023
12. 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 section 376(2)(i) of the Indian Penal Code and
section 4 of the POCSO Act and sentenced to undergo
R.I. for a period of ten years and to pay a fine of
Rs.1,00,000/- (rupees one lakh), in default, to
undergo further R.I. for a period of one year for the
offence under section 4 of the POCSO Act and no
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separate sentence was awarded under section
376(2)(i) of the Indian Penal Code in view of the
provision under section 42 of the POCSO Act by the
learned Additional Sessions Judge -cum- Special
Judge, Bhadrak in Special Case No.04 of 2016.
Perused the impugned judgment.
Learned counsel for the appellant-petitioner
submitted that the petitioner is in judicial custody
since 13.01.2016 and as such out of ten years of
substantive sentence imposed by the learned trial
Court, he has already undergone seven years and four
months and there are good chances of success in the
appeal and balance of convenience is in favour of the
petitioner and there is no chance of early hearing of
appeal in the near future and therefore, the bail
application of the petitioner may be favourably
considered.
Learned counsel for the State opposed the prayer
for bail and submitted that the victim was a minor girl
at the time of occurrence, who has been examined as
P.W.10 and supported the prosecution case.
Considering the submissions made by the
learned counsel for the respective parties, the nature
of evidence adduced by the victim as P.W.10 during
the trial and other materials available on record, while
not inclining to release the petitioner on bail on merit,
but taking into account the period of detention of the
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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
interim bail for a period of three months from the date
of release and the petitioner shall surrender before
the learned trial Court immediately on expiry of the
three months period.
For the above period, let the appellant-petitioner
be released on interim bail in the aforesaid case 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 subject to conditions that he shall not try to
come in contact with the victim or her family
members and shall not indulge in any criminal
activities in any manner.
Violation of any of the conditions shall entail
cancellation of bail.
The I.A. is disposed of accordingly.
( S.K. Sahoo)
Judge
CRLA No.585 of 2019
13. List this matter in the week commencing from
28.08.2023. Learned counsel for the appellant shall
produce the surrender certificate of the appellant on
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the next date.
Urgent certified copy of this order be granted on
proper application.
( S.K. Sahoo)
Judge
RKM
Signature Not Verified
Digitally Signed
Signed by: RABINDRA KUMAR MISHRA
Designation: Personal Assistant
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 16-May-2023 16:31:56
