Ajay Naik @ Ajaya Kumar vs State Of Odisha
2023 Latest Caselaw 6491 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.518 of 2023

              Ajay Naik @ Ajaya Kumar             ....     Appellant/
              Naik                                       Petitioner
                                   Mr.Sk. Zafarulla, Advocate

                                      -versus-

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

                                   Mrs. Susamarani Sahoo
                                   Addl. Standing Counsel
                                 CORAM:
                             JUSTICE S.K. SAHOO
                                     ORDER

Order No.                          18.05.2023
                             CRLA No.518 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.1134 of 2023

02. This is an application for grant of bail.

The appellant-petitioner Ajay Naik @ Ajaya Kumar Naik has been convicted under section 354-A of the // 2 //

Indian Penal Code read with section 8 of the POCSO Act and sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.2,000/- (rupees two thousand) and in default, to undergo further R.I. for a period of four months for the offence under section 8 of the POCSO Act and to undergo rigorous imprisonment for a period of one year for the offence under section 354-A of the Indian Penal Code and both the sentences were directed to run concurrently by the learned Addl. Sessions Judge -cum- Special Court under POCSO Act, Keonjhar in Special Case No.296/87 of 2022-2018.

Considering the submissions made by the learned counsel for the respective parties, the sentence imposed by the learned trial Court, the fact that the petitioner was on bail during trial and there is no allegation that he has misutilised the liberty and absence of 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.

The I.A. is disposed of.

( S.K. Sahoo) Judge

// 3 //

I.A. No.1133 of 2023

03. This is an application for stay of realization of fine.

Heard.

Considering the submissions made by the learned counsel for the parties, let there be stay of realization of fine amount imposed on the appellant-petitioner pursuant to the judgment and order dated 24.04.2023/01.05.2023 passed by the Addl. Sessions Judge -cum- Special Court under POCSO Act, Keonjhar in Special Case No.296/87 of 2022-2018 pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue urgent 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: 19-May-2023 16:58:04