Tunia Behera vs State Of Odisha
2023 Latest Caselaw 13944 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLA No.1018 of 2023

              Tunia Behera                        ....   Appellant/
                                                       Petitioner

                                 Mr.M.R. Muduli, Advocate

                                       -versus-

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

                                 Mr. Priyabrata Tripathy
                                 Addl. Standing Counsel

                                  CORAM:
                             JUSTICE S.K. SAHOO
                                  ORDER

Order No.                      08.11.2023
                            I.A. No. 2193 of 2023

   02.           This   matter    is    taken     up   through   Hybrid

arrangement (video conferencing/physical mode).

This is an application for bail.

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 rigorous imprisonment for a period of ten years and to pay a fine of Rs.10,000/- (rupees ten thousand) and in default, to undergo further rigorous imprisonment for a further period of four months for the offence under section 325 of the Indian Penal Code and to undergo rigorous imprisonment for six years and to pay a fine of Rs.10,000/- (rupees ten // 2 //

thousand) and in default of payment of fine, to further undergo rigorous imprisonment for six months for the offence under section 376(2)(i) of Indian Penal Code and no separate sentence has been imposed under section 4 of the POCSO Act in view of section 42 of the said act by the learned Addl. Sessions Judge -cum- Special Court under POCSO Act, Cuttack, vide judgment and order dated 28.07.2023 in Special G.R. Case No.84 of 2017.

Learned counsel for the petitioner submitted that the petitioner was taken into judicial custody on 12.06.2017 and as such, he has already undergone six years and four months of substantive sentence out of ten years of substantive sentence imposed by the learned trial Court and there is no chance of early hearing of the appeal in the near future as the CRLA is of the year 2023. Learned counsel further argued that the occurrence in question took place on 24.05.2017 and the F.I.R. was lodged on 12.06.2017 and on the very day, the victim was also medically examined by the doctor (P.W.18), who noticed no sign or symptoms of recent sexual intercourse. Learned counsel further submitted that there are good chances of success in the appeal and the balance of convenience is in his favour and therefore, the bail application may be favouraly considered.

Learned counsel for the State, on the other

// 3 //

hand, opposed the prayer for bail and submitted that the victim was minor as on the date of occurrence as per the entry made in the school admission register. He placed the evidence of the victim (P.W.2) as well as the doctor (P.W.18).

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced during trial, the sentence imposed by the learned trial Court and 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.

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.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

PKSahoo Signature Not Verified Digitally Signed Signed by: PRAMOD KUMAR SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 09-Nov-2023 17:01:44