Sarbeswar Mishra vs State Of Odisha
2023 Latest Caselaw 14600 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.1146 of 2023

              Sarbeswar Mishra                    ....       Appellant/
                                                           Petitioner

                                    Mr. K.P. Negi, Advocate

                                       -versus-

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

                                    Mr. P.B. Tripathy,
                                    Addl. Standing Counsel
                                     CORAM:
                                 JUSTICE S.K. SAHOO
                                     ORDER

Order No. 14.11.2023 CRLA No.1146 of 2023

01. This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode) Learned counsel for the appellant submitted that the defect nos.5(d) & 9 as pointed out by the Stamp Reporter have already been removed.

Heard.

Admit.

Call for the trial Court records.

( S.K. Sahoo) Judge I.A. No.2524 of 2023

02. This is an application under section 389 of Cr.P.C.

for grant of bail.

// 2 //

The appellant-petitioner has been convicted for the offences punishable under section 354-A of the I.P.C. and 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.20,000/- (rupees twenty thousand), in default, to undergo further R.I. for a period of one month for the offence under section 354-A of the I.P.C. and to undergo R.I. for a period of three 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 month 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 Court under POCSO Act, Bhawanipatna, Kalahandi in C.T. Case No.77 of 2019 (POCSO)/T.R. No.16 of 2020.

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.

// 3 //

The I.A. is disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

I.A. No.2525 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 27.09.2023 passed by the learned Addl. Sessions Judge -cum- Special Court under POCSO Act, Bhawanipatna, Kalahandi in C.T. Case No.77 of 2019 (POCSO)/T.R. No.16 of 2020 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

Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 14-Nov-2023 17:53:03