Nilam @ Nilambara vs State Of Odisha
2023 Latest Caselaw 6041 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.254 of 2016

              Nilam @ Nilambara                      ....     Appellant/
              Bindhani                                       Petitioner

                                    Mr. S.K. Dalai, Advocate

                                          -versus-

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

                                    Mr. Rajesh Tripathy
                                    Addl. Standing Counsel

                                   CORAM:
                              JUSTICE S.K. SAHOO
                                      ORDER

Order No.                           15.05.2023

                           Misc. Case No.725 of 2016

   15.            This     matter    is    taken     up   through   Hybrid

arrangement (video conferencing/physical mode).

Learned counsel for the appellant-petitioner submits that he does not want to press this interim application.

Accordingly, the Misc. Case stands disposed of as not pressed.

( S.K. Sahoo) Judge

I.A. No.823 of 2023

16. This is an application under Section 389 of // 2 //

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 6 of the POCSO Act and sentenced to undergo R.I. for a period of ten years and to pay a fine of Rs.20,000/- (rupees twenty thousand), in default, to undergo further R.I. for a period of one year on each count for the offences under section 376(2)(i) of the Indian Penal Code and section 6 of the POCSO Act and the sentences were directed to run concurrently by the learned Sessions Judge -cum- Special Judge, Mayurbhanj, Baripada in G.R. Case No.351 of 2013.

Perused the impugned judgment. As per the previous order dated 02.05.2013, learned counsel for the State has furnished the custody certificate by the Senior Superintendent, Circle Jail, Baripada dated 07.05.2023 wherein it is indicated that the petitioner has already undergone nine years five months and twenty six days as on that date.

Since the substantive sentence imposed by the learned trial Court is ten years and in view of the period of sentence already undergone by the petitioner and absence of any chance of early hearing of the appeal in the near future, the prayer for bail is allowed.

// 3 //

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

Misc. Case No.726 of 2016

17. 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 Misc. Case is disposed of. Urgent certified copy of this order be granted as per rules.

( 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 16:31:55